How much does DIY probate cost UK?

Should you opt for the DIY approach to probate or pay a professional? We explain below...

The word ‘probate’ understandably gets a bad rep, nevertheless selling an inherited property is a task that most of us will have to do at some point in our lives. 

Traditionally, probate properties are dealt with by a solicitor, well versed in the probate process and armed with the industry knowledge and expertise to achieve probate quickly and in compliance with the law.

Yet lately, evidence suggests that an increasing number of Executors are choosing to deal with probate first hand. So with this in mind, is DIY Probate something you should consider?

How much does DIY probate cost?

The cost of DIY probate varies depending on the complexity of the estate, though most probate cases follow a fairly standard process. If you choose to handle probate yourself, you will generally need to complete the following steps (more details are provided later in this guide):

1. Identity the legally appointed executors (if there is a will) or administrators (no will) and beneficiaries.

2. Determine the correct type of probate application required.

3. Gather the necessary documents for the application.

4. Complete the application for Probate or Letters of Administration.

5. Fill out HMRC forms IHT205, IHT217 or IHT400, IHT435.

6. Submit the application to the Probate Court.

7. Receive the Grant of Probate, ensuring you obtain two certified copies.

If the estate is taxable (valued over £325,000 or £500,000 for direct descendants), the executors or administrators will also need to manage the collection and distribution of assets and ensure that any Inheritance Tax due is paid to HMRC.

While undertaking DIY probate, the following costs may arise (which can typically be reimbursed from the estate later):

• Probate registry fees: £300

• Two copies of the Grant of Probate: £3

By contrast, hiring a solicitor to handle probate can be significantly more expensive, with fees ranging from £200 to £350 per hour, potentially amounting to several thousand pounds in total.

Is DIY probate a good idea?

The decision to handle probate on your own ultimately comes down to confidence, but it’s important to understand the risks involved.

Probate involves a range of administrative, legal and tax-related tasks, many of which can be complex and time-consuming. If you choose not to hire a probate solicitor and take on these responsibilities yourself, it’s important to recognise that the legal and financial liabilities typically handled by a solicitor will rest on your shoulders.

For example, if any undiscovered debts surface after probate is granted, you could be personally responsible for settling them. That’s why we strongly advise against DIY probate for large or complex estates, recommending instead that you consult a professional.

Even if you’re confident in your abilities as an Executor, DIY probate may still not be the best choice. This is because, during a time of loss, the last thing you may want is the added pressure of making a potentially costly legal mistake, or the stress of navigating the sale of a probate property.

In our experience, it’s always worth seeking legal advice, particularly if the value of the estate can comfortably cover the associated costs.

Is DIY probate easy?

DIY probate can be relatively straightforward in certain cases, especially when the estate is small and uncomplicated. For example, if the estate is valued at less than £5,000, has no outstanding debts, and there are only a few beneficiaries who all agree on how the assets should be distributed, the process can be manageable without professional help.

However, it’s important to recognise that these scenarios are becoming increasingly rare. With the average UK house price currently around £288,000 most estates far exceed the £5,000 threshold.

Additionally, many estates will involve financial complexities such as mortgages, loans, or other liabilities that need to be addressed. These factors can make the probate princess more complicated than it may initially seem.

Furthermore, if the estate includes various assets, like property, shares, or investments, or if there are multiple beneficiaries with differing opinions on how the estate should be divided, the process can quickly become challenging. 

Any disputes or complications with creditors will also require additional time and knowledge to resolve, potentially making DIY probate much more difficult to navigate, without legal expertise.

Why would you not hire a solicitor during probate?

You may choose not to hire a solicitor during probate if the estate is relatively simple, with straightforward assets and beneficiaries. In such cases, managing the process yourself can save on legal fees. 

However, if the estate is complex, involves disputes or has significant value, seeking legal advice from a solicitor is highly recommended to avoid potential issues and ensure property administration.

Here are some key reasons why you might consider not to hire a solicitor:

What should you do before DIY probate?

Before beginning the probate process, it’s important to take several preparatory steps to protect the property and manage any ongoing responsibilities:

A. Inform your insurance company

One of the first steps in managing a probate property is notifying your insurance company about the change in occupancy. Different insurers handle probate properties in various ways:

• Some may request additional details and continue your coverage until your policy renewal.

• Others may require you to pay a revised rate or switch to a different policy.

• In some cases, failing to inform your insurer could invalidate your policy. It’s important to check your policy documents and contact your insurer if you’re unsure.

If the property is unoccupied for more than a month, insurers typically classify it as ‘unoccupied,’ which can affect your coverage.

B. Inform the council

Just as with insurance, it’s important to inform the local council that the property is now in probate. Doing so may exempt you from council tax until probate is granted, as long as the property remains empty.

However, be cautious about delays, as some local authorities charge double council tax on vacant properties that have been unoccupied for an extended period (usually two years or more), even if they’re probate properties.

C. Conduct regular health & safety checks

Probate properties still need attention, so it’s important that you or a trusted person perform regular health and safety checks:

Checking locks and smoke detectors

Looking out for signs of deterioration, such as damp or mould

Additionally, we recommend keeping the property connected to utilities:

• Schedule lights using times to deter burglars.

• Set the central heating to a constant 15°C to prevent pipes from freezing during winter.

These simple steps can save you from costly repairs and unnecessary stress. You might also want to open windows for 10 to 15 minutes, during each visit to circulate fresh air, reducing the risk of mould.

After any storm, inspect the roof for loose tiles, a common cause of leaks.

D. Monitor bills

While it’s wise to keep the property connected to essential utilities, be sure to cancel unnecessary services like internet, magazine subscriptions, and TV packages. Cutting these costs early on is an easy way to minimise ongoing expenses.

What is the DIY probate process?

Most probate cases follow a similar process, so if you’re handling probate yourself without hiring a solicitor, here are the main steps you’ll need to follow:

1. Register the death

Before starting the probate process, you must register the death. You’ll need a copy of the death certificate for each of the deceased’s assets (such as bank accounts, mortgages, etc).

In England, Wales and Northern Ireland, you must register the death within five days, and this can be done by visiting the register office in the area where the death occurred.

Documents needed:

• Medical certificate of the cause of death

• Birth certificate, marriage/civil partnership certificate, or NHS medical card if available.

Usually, a relative registers the death, but in certain circumstances, others may do so. Use the government tool to check who can register the death and what documents are required in your area.

After registering, the registrar will provide:

• A certificate for burial or cremation

• A death certificate (you may need multiple copies).

2. Determine if there’s a will

Locate the will as soon as possible, ideally within the first week. The will usually names the executor and may include funeral instructions. 

If there is a will, it should specify the executor, who is responsible for managing the estate. If the executor named in the will cannot act, a beneficiary of the estate can apply to the probate registry to become an administrator.

If there isn’t a will, the estate is considered “intestate”, and the rules of intestacy determine how assets are distributed. Usually, only close relatives, such as a spouse or child, inherit.

3. Handle Inheritance Tax

Once the executor is identified, they must apply for a document known as a grant to access the deceased’s assets. Before applying, the value of the estate must be determined to check if inheritance tax is owed.

• Estate below £325,000: This is considered an ‘excepted estate,’ and there’s no need to report it separately to HMRC, although it will still be included in the probate application.

• Estate above £325,000: You’ll need to complete and submit an IHT400 form to HMRC. If the estate includes a home left to direct descendants, inheritance tax may not apply to the first £500,000. You’ll need to complete additional forms (IHT435) if this applies.

If Inheritance Tax is owed, it must be paid within six months of the death. In some cases, taxes can be paid in instalments, such as for property or business assets. If the estate doesn’t have enough cash to cover the taxes, the executor might need to borrow money and recoup it later from the estate.

4. Apply for probate

Next, you will need to apply for probate, which can be done online or using a paper form depending on your circumstances.

• Online probate application: Available if the person lived in England or Wales and you have the original will and death certificate.

• Paper application: Use form PA1P (if there’s a will) or PA1A (if no will). In Northern Ireland, use forms NIPF1 or NIPF2.

The probate fee is £300, though you can apply for help with the fee if necessary.

5. Notify organisations and close accounts

You’ll need to notify relevant organisations, including government bodies, financial institutions, and utility companies about the death. This helps ensure that no further charges are taken from accounts and that any outstanding balances are settled.

• Where to check: Review paperwork, online accounts, and bookmarks for details of the deceased’s accounts. My Lost Account can help trace lost bank accounts, though it can take up to three months.

If the deceased person had a second credit card or joint bank account, contact the bank to make changes. 

6. Pay off any debts

Debts, including mortgages, loans and credit cards, must be paid off by the estate. Only the deceased’s estate is responsible for paying debts, not their family. If there isn’t enough to cover all debts, they must be prioritised in this order:

1. Secured debts (e.g. mortgages)

2. Funeral costs

3. Other debts (including taxes)

Seek help from Citizens Advice if needed, especially for complex cases.

7. Claim on life insurance plans

If the deceased had life insurance, contact the provider to start the claims process. Have the policy number and death certificate on hand. Some policies may have been placed in trust, which could exempt them from Inheritance Tax, and allow quicker payout.

8. Value the estate

Calculate the value of the deceased’s estate, including bank accounts, property, businesses, investments, personal belongings and life insurance. Some assets, such as gifts made within seven years of death, may also need to be considered.

If necessary, obtain a professional valuation for property or business assets.

9. Distribute the estate

After debts and taxes are settled, the remaining assets can be distributed according to the will.

• Will a will: Assets will be distributed according to the deceased’s wishes.

• Without a will: The estate is distributed under the rules of intestacy. In most cases, the spouse or civil partner inherits everything if the estate is under £325,000.

Unmarried partners and others not named in the will may be able to make a claim under the Inheritance Act, and you should ensure that they and you seek legal advice to resolve disputes.

Doing probate yourself? Make it easier by selling to us!

Handling probate on your own can be a daunting task, especially when faced with the complicated legal and administrative duties that come with it. From managing Inheritance Tax to dealing with unexpected debts, the process can quickly become overwhelming. 

One way to simplify this journey is by selling your probate property to The Property Buying Company — a hassle-free solution that allows you to focus on other important aspects of probate.

When you choose to sell to us, you eliminate the stress of preparing the property for sale, dealing with repairs or paying estate agent fees. We buy properties in any condition, meaning there’s no need to spend time or money refurbishing the property to attract buyers.

Best of all, we offer a fast, guaranteed sale, meaning you won’t have to worry about waiting months on the open market or dealing with buyers who pull out at the last minute.

At The Property Buying Company, we understand how challenging probate can be, especially during a time of loss. That’s why we’re committed to offering a smooth, stress-free experience. With no hidden fees, a straightforward process and quick turnaround (as little as 7 days), selling your probate property to us is an easy and effective way to reduce your burden during this emotional time.

Let us help you make probate easier – sell your probate property to us and streamline the process today.