DIY Probate: Can You Do Probate Yourself?

When a person passes away, probate gives you the legal right to sort out their estate, which can include settling debts, confirming home and contents insurance, and ensuring that beneficiaries receive their inheritance.

There are many fees associated with the probate process. Read our full guide to how much probate costs. But it may be possible to avoid these expenses through taking a DIY approach to probate.

In this post we’ll take a closer look at “DIY probate”, and what might be involved in doing probate yourself. We’ll look at situations where this DIY approach may be viable, along with some situations where you’re best enlisting a solicitor to help you.

What is Probate?

When a person passes away, any property, money, and possessions they leave behind is known as their estate. A grant of representation will give you the authority to manage this estate.

If the person left a will, then you can apply for a grant of probate. If they did not leave a will, then you can apply for a grant of letters of administration.

Can You Do Probate Yourself?

Yes, it is possible to do probate yourself, but only if you’re dealing with a simple estate where there’s a will and it’s unlikely to be contested.

For example, if a person passes away leaving jointly owned property, and a sum of money that will be passed onto their spouse or civil partner, then settling the estate will be a relatively straightforward process.

But if you’re dealing with a larger or more complex estate, or if the deceased did not leave a will, then you might be better off getting some specialist help. If any complications arise, or if anyone contests the will, you may struggle to manage things yourself.

How To Do Probate Yourself

In short, these are the steps you’ll need to follow:

1. Register the death. You can find a guide to doing this on the Government’s website.
2. Find out if there’s a will.
3. Sort out the inheritance tax. For more information about how this works, read our guide to what happens when you inherit property.
4. Apply for probate (if there’s a will), or a grant of letters of administration (if there is no will). This will give you the legal right to manage the deceased’s estate.
5. Settle the deceased’s affairs – you’ll need to notify any banks and other financial institutions, along with any utility companies, so that they can close their accounts. You should also look into their home and contents insurance policies. Contact their insurers and they’ll be able to advise you on your cover needs throughout the process.
6. Value the estate – including the combined value of any money held in financial institutions, along with any property and land, businesses, investments, and possessions and home contents.
7. Pay off any outstanding debts, including secured debts (such as a mortgage), funeral costs, and outstanding tax bills.
8. Share out the remaining assets once the bills have been paid. If there’s a will, it should name some beneficiaries and outline who gets what. If there was no will, the remaining assets will be shared under the rules of intestacy.

You can read our full guide to the steps involved in the probate process.

You may have to take some extra steps if there’s any property in the estate. Read our full guide to probate, property, and your responsibilities.

When Should You Appoint a Probate Solicitor?

By now it should be clear that the probate process can be complicated, and you should only attempt it yourself if you’re dealing with a small or straightforward estate.

There are some situations where the support of a probate solicitor can be invaluable:

1. If there are any serious delays to the process, and a beneficiary raises a complaint. Read our guide to probate delays.
2. If there’s no will, or you find multiple wills and it’s not clear which is the most recent. This could lead to complaints or contestations.
3. If certain deeds or documents have not been updated following the death of an owner, leading to complications over property and other assets.

Tips For Doing Probate Yourself

1. Give yourself plenty of time. There are strict time limits for certain steps – you’ll need to register the death within five days, for example. But the entire process from start to finish can take up to a year.
2. Make sure you have all the documents you need. We’ve listed all the key documents you’ll need to gather for probate.
3. Consider getting specialist insurance cover. A standard house insurance policy will not cover a house if it’s unoccupied. Dedicated probate insurance can cover any property involved in the estate throughout the process.

For more information about how we can get you the cover you need through the probate process and beyond, call us on 0208 8290 9086 or email the team direct at personal@anthonyjones.com.