Do you need a solicitor for probate?
Legally, no — you can apply as a personal applicant. But for many estates, a solicitor saves time, tax and risk. Here's how to decide.
The Probate Office allows a "personal applicant" to apply without a solicitor. For a very simple estate with no property and no tax, that can work. For most estates, though, a solicitor is the safer choice.
You might apply yourself if…
- the estate is small and straightforward;
- there is no property to transfer or sell;
- there is no Capital Acquisitions Tax to manage;
- the will is clear and uncontested;
- you have time to attend the Probate Office in person.
You should use a solicitor if…
- the estate includes a house, land, a farm or a business;
- there is inheritance tax to calculate and file;
- there is no will, or the will is unclear or disputed;
- there are assets abroad or beneficiaries who are minors;
- you want to limit your personal liability as executor.
The cost is paid by the estate. Because solicitor's fees come from the estate rather than your own pocket, the real question is usually "is the certainty worth it?" — and for property or tax cases, it almost always is.
Compare your options
If you're unsure, get a quote and a quick view of the complexity before deciding. Get matched with a probate solicitor in your county — free and with no obligation.
FAQs
Is it cheaper to do probate without a solicitor?
It can be for a very simple estate, but mistakes cause delays and can create personal liability. Where there is property or tax, a solicitor usually saves more than they cost.
Can I start myself and bring in a solicitor later?
Yes. Many people gather the asset information themselves and then hand the application to a solicitor, which can reduce the fee.