The Role of a Solicitor in Probate: Expert Guidance Through a Complex Process

Guest written by Scott Walker – Wills & Probate Lawyer at Richard Nelson LLP

Losing a loved one is never easy and dealing with the legal and financial responsibilities that follow can feel overwhelming. Below, we’ve answered some of the most frequent questions people have about Probate and Estate Administration – and explained why working with a solicitor can make all the difference.

What is probate?

Probate is the legal process of dealing with a person’s estate after they pass away. It involves obtaining a Grant of Probate (if there is a Will) or Letters of Administration (if there isn’t a Will). These are the legal documents required for the Executor (where there is a Will) or Administrator (where there isn’t a Will) to manage the estate. Collectively, Executors and Administrators are known as Personal Representatives, i.e., the people who are responsible for administering an estate.

But it doesn’t stop there! Obtaining a Grant of Probate or a Grant of Letters of Administration is just the first step. There are many other duties and responsibilities that the Personal Representatives must comply with.

Duties and responsibilities of Personal Representatives include:

• Establishing the assets of the deceased and corresponding with banks, insurers, and other organisations.
• Applying for a Grant of Probate (or Letters of Administration where no Will exists), as explained above.
• Dealing with Inheritance Tax, Income Tax and Capital Gains Tax returns, and paying any tax due.
• Identifying and dealing with any claims against the estate.
• Preparing estate accounts.
• Paying all debts and liabilities.
• Locating beneficiaries and distributing legacies and the estate in accordance with the Will.
• Managing any ongoing trusts created by the Will (e.g. for minor children)

Personal Representatives have a fiduciary duty, meaning they must act honestly, in good faith, and in the best interests of the estate and beneficiaries. Importantly, executors can be held personally financially liable for mistakes, even innocent ones. This responsibility can feel daunting, especially when coupled with the grief of losing a loved one.

Do I always need probate?

Not always. Probate is usually required if the person owned property, had significant assets, or if banks and financial institutions request it before releasing funds. Smaller estates may not require probate – but it depends on the circumstances. Some banks may release funds without a Grant if the balance is below a certain level.

Can I handle probate myself?

In theory, yes. However, given the responsibilities outlined above, the process can be complex, time-consuming, and risky if mistakes are made.

Why should I use a solicitor instead of doing it myself?

Here are some of the key benefits of using a solicitor:

1. Expertise and Accuracy
   • Solicitors are trained to deal with probate law, inheritance tax, and estate administration.
   • They ensure that applications and tax returns are completed correctly, avoiding delays or costly errors.
2. Reducing Stress at a Difficult Time
   • Dealing with legal paperwork, tax deadlines, financial institutions, and utility companies while grieving can be overwhelming.
   • A solicitor can take on these responsibilities, giving you peace of mind.
3. Avoiding Personal Liability
   • Personal Representatives are personally responsible for any mistakes during the administration of the estate.
   • If debts or tax are overlooked, they could be held financially liable. A solicitor ensures everything is done properly and protects executors from this risk.
4. Dealing with Complex Estates
   • If the estate involves trusts, foreign assets, business interests, or disputes between family members, matters can quickly become complicated.
   • A solicitor has the experience to navigate these issues and resolve problems efficiently.
5. Saving Time and Ensuring Efficiency
   • Probate can take months, sometimes over a year, depending on the estate.
   • With a solicitor handling the process, administration is smoother, reducing delays and making the experience far less stressful for the family.

What about inheritance tax, will a solicitor help with that?

Absolutely. Inheritance tax rules are complex, with strict deadlines and potential penalties for mistakes. A solicitor will:

• Calculate the tax due accurately.
• Advise on available reliefs or exemptions (such as spouse, charity, or business property relief).
• Ensure HMRC deadlines are met.

This not only avoids penalties but can also save the estate money.

Isn’t it cheaper to do it myself?

While it may appear cheaper at first, DIY probate can actually cost more if mistakes are made or deadlines missed. Solicitors charge for their time and expertise, but they often save families money by avoiding tax errors, delays, or disputes. Importantly, they also save you from stress and risk.

What happens if the family disagrees about the Will or estate?

Disputes are sadly common, especially in larger or more complex estates. Personal representatives may find it difficult to stay impartial or handle legal challenges alone. A solicitor acts as a neutral professional and can help resolve disputes fairly, protecting relationships where possible.

How do I choose the right solicitor for probate?

Look for a solicitor who:

• Specialises in wills, probate, and estate administration.
• Has clear, transparent fees.
• Offers a supportive, approachable service.

Final Thoughts

Probate and estate administration may seem straightforward on the surface, but it’s a legal process full of potential pitfalls. Personal Representatives must act diligently and are personally accountable for their actions, or inactions. By instructing a solicitor, you gain the reassurance that everything will be done correctly, efficiently, and with your best interests in mind, allowing you to focus on what truly matters: supporting your family and remembering your loved one.