Do You Need a Solicitor to Administer an Estate?
Do you need a solicitor to administer an estate?
No — there is no legal requirement to use a solicitor to administer an estate in England and Wales. Many executors handle straightforward estates themselves. However, a solicitor can add real value in more complex situations involving inheritance tax, foreign assets, business interests, or a disputed will. The right choice depends on the complexity of the estate and your own confidence and time.
- DIY is fine for simple estates: no property, clear will, cooperative beneficiaries, no IHT, under ~£100,000
- Solicitor adds value when: complex IHT, contested will, foreign assets, business interests, or missing beneficiaries
- Typical full-service fees: 1–2% of estate value plus VAT, or £200–£400 per hour
- Grant-only service: some firms handle just the probate application while you administer the rest yourself — a cost-effective middle ground
Have more questions on UK death administration? Let Farra help.
The decision of whether to use a solicitor to administer an estate is one of the most practical questions facing any executor. There is no single right answer — it depends on the complexity of the estate, your own knowledge and available time, and the relationships involved. This guide sets out an honest assessment of when professional help genuinely earns its cost, and when it does not.
When to Administer the Estate Yourself
DIY estate administration (sometimes called "personal probate") is perfectly legal and manageable for many estates. You are well placed to administer the estate yourself if:
- The estate consists mainly of cash, savings, and straightforward investments — no property to sell
- There is a clear, unambiguous will with no unusual provisions (no trusts, no business assets, no unusual gifts)
- All beneficiaries are known, are adults, and are cooperative
- The total estate value is below the inheritance tax threshold (£325,000 in 2025–26, or up to £500,000 with the residence nil rate band) so no IHT is payable
- You have sufficient time and confidence to manage correspondence with banks, HMRC, and other organisations
Thousands of executors successfully administer straightforward estates every year without professional help. The HMRC and Probate Registry processes are designed to be accessible to members of the public, and guidance is widely available.
When a Solicitor Genuinely Adds Value
There are specific circumstances where the cost of a solicitor is likely to be well justified — either because mistakes could be costly, or because the complexity genuinely demands specialist knowledge:
- Inheritance tax is payable: IHT is complex, with multiple reliefs, exemptions, and elections available. Getting it wrong can result in an overpayment of tens of thousands of pounds, or penalties for underpayment. A specialist can often recover more than their fee in tax savings.
- The will is contested or uncertain: if beneficiaries are disputing the will, or if there are Inheritance Act claims from dependants, professional legal representation is essential.
- Foreign assets: property or assets held overseas require compliance with the laws of the relevant country as well as English law. Many overseas jurisdictions do not recognise an English Grant of Probate and require a separate process.
- Business interests: valuing shares in private companies, applying business property relief correctly, and dealing with partnerships or sole trader businesses requires specialist knowledge.
- Missing or untraced beneficiaries: if a beneficiary cannot be found, distributing the estate creates personal liability. Solicitors can arrange missing beneficiary indemnity insurance or make court applications for directions.
- Trusts within the will: wills that create trusts (for example, for minor children or for a spouse's lifetime) involve ongoing obligations that benefit from professional oversight.
What Solicitors Charge for Estate Administration
Solicitor fees for full estate administration can be structured in two main ways:
- Percentage of estate value: traditionally, probate solicitors have charged 1–2% of the gross estate value, plus VAT at 20%. On a £400,000 estate, this equates to £4,000–£8,000 plus VAT (£4,800–£9,600 total). Some firms charge up to 3% for complex estates.
- Hourly rate: most larger firms now charge by the hour. Rates vary significantly by firm and location — London firms typically charge £300–£500 per hour; regional firms £150–£300 per hour. A straightforward estate requiring 15–20 hours of work might cost £3,000–£8,000 in solicitor fees.
Always ask for a clear written estimate at the outset and check whether it includes VAT and disbursements (court fees, Land Registry fees, and the like). Some firms now offer fixed-fee estate administration for straightforward cases — typically £1,500–£3,000 — which provides certainty of cost.
Solicitor fees from the estate:
Solicitor's fees for administering an estate are paid from the estate itself — not from the executor's own pocket. They are treated as an administration expense and come before the residuary distribution to beneficiaries.
Finding the Right Solicitor: STEP Membership
Not all solicitors have equal expertise in estate administration and inheritance tax. A solicitor who handles occasional wills alongside a mainly commercial practice may not have the specialist knowledge of someone who practises in this area full time.
The most reliable quality indicator is membership of STEP — the Society of Trust and Estate Practitioners. STEP members have undertaken specific qualifications in the law of trusts, estates, and inheritance tax, and are subject to professional standards enforced by the society. You can search for STEP members at step.org.
Other indicators of a quality probate solicitor:
- Accreditation under the Law Society's Private Client Accreditation Scheme
- A dedicated private client or estate administration team (rather than a sole practitioner doing occasional probate work)
- Transparent fee structure provided in writing at the outset
- Good client reviews and recommendations
The Grant-Only Service: A Cost-Effective Middle Ground
Many executors find that the most burdensome part of estate administration is obtaining the Grant of Probate — completing the IHT forms, the PA1P application, and managing the Probate Registry process. The subsequent administration (collecting assets, paying debts, and distributing to beneficiaries) can then be managed personally.
A number of solicitors and specialist probate firms offer a "grant only" or "probate only" service: they handle the application for the Grant of Probate (including the IHT forms) and leave the executor to administer the rest of the estate. This typically costs £500–£1,500 depending on whether IHT forms are required, and represents a significant saving over full estate administration.
This option is worth considering if:
- You feel confident managing the administration but find the probate application process daunting
- The estate is moderately complex (perhaps involving some IHT calculations) but you are capable of handling the subsequent steps
- You want professional oversight of the most legally technical stage, without paying for full administration
Related Guides
Can an Executor Charge a Fee? Your Rights and the Rules
Whether executors can charge the estate for their time. The default rule for lay executors, professional executor fees, charging clauses, and HMRC treatment.
What Can an Executor Do Before Probate Is Granted?
What actions executors can legally take before the Grant of Probate. Arranging the funeral, notifying organisations, and what cannot be done without a grant.
When Can an Executor Be Personally Liable? Protecting Yourself From Claims
When executors face personal liability. Distributing before paying debts, Section 27 Gazette notices, and when to consider an executor's bond.
Missing Beneficiary: What Executors Must Do When a Beneficiary Cannot Be Found
How to handle a missing beneficiary as an executor. Tracing agencies, the Benjamin Order, paying into court, and missing beneficiary insurance.
Renouncing Executor: How to Step Down Without Legal Consequences
How to formally renounce the executor role. Form PA15, the point of no return, what happens when all executors renounce, and power reserved.