Do I Need a Solicitor for Probate?

When someone close to you dies, dealing with their estate can feel overwhelming, particularly while you are grieving. Probate is the legal process of administering that estate, and a common first question is whether you need a solicitor at all. This guide sets out the key things to understand, whether you are in Reading, Tilehurst, Earley, or anywhere across the Thames Valley.

Key points to understand

• Understand what probate is. If the person left a valid will, the named executor applies for a grant of probate, which confirms their authority to deal with the estate. If there is no will, the situation is called intestacy, and the next of kin applies instead for letters of administration.
• Check whether a grant is even needed. Not every estate requires one. Where assets were jointly owned, such as a shared bank account or a home held as joint tenants, they often pass automatically to the survivor. Small estates may sometimes be released by banks without a grant.
• Value the estate carefully. You will need to establish the value of property, savings, investments, and possessions, and to deduct debts. Where a property is involved, a professional valuation is usually advisable, as the figure affects any tax due.
• Consider inheritance tax. At the time of writing, no inheritance tax is due on the first 325,000 pounds of an estate, known as the nil-rate band. An additional residence nil-rate band of up to 175,000 pounds may apply where a home passes to direct descendants, and a married couple or civil partners can combine allowances to as much as £1,000.000.00. Anything above the threshold is taxed at 40 per cent, and tax often has to be paid before the grant is issued. These thresholds change and should be verified.
• Be aware of the application fee. At the time of writing the probate application fee is £300.00 for estates valued above £5,000, with no fee for smaller estates. This should be checked before relying on it.
• Decide whether to do it yourself. Simple estates can sometimes be handled without a solicitor. However, where the estate is large, includes a business or property, involves inheritance tax, or where the will is unclear, professional help can save time and reduce the personal risk an executor carries if mistakes are made.
• Watch the timescales. Even a straightforward estate can take several months, and applications can take longer where HMRC is involved or where the courts are managing a high volume of cases.
• Be alert to disputes. If a family member feels they have not been properly provided for, a claim may be possible under the Inheritance (Provision for Family and Dependants) Act 1975. Contentious probate is a specialist area, and early advice is particularly valuable.

In summary

Whether you need a solicitor depends on the size and complexity of the estate and on how confident you feel handling it. For many families, taking advice at the outset brings clarity and peace of mind at a difficult time, even if you then deal with much of the process yourself.

If you are dealing with the estate of someone who has died and would like to understand your options, Hewetts Solicitors in Reading can help, whether you need full support or simply a steer in the right direction. Please contact us for a confidential conversation.

Tim Butcher - 0118 955 9610 - t.butcher@hewetts.co.uk

Published on 07/07/2026