Losing someone and then being handed a legal responsibility at the same time is a lot to manage. If you have been named as an executor, or if you are trying to work out what needs to happen after a death with no will, the question of ‘do I need a lawyer for probate?’ is probably one of the first things you are asking.
To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
When considering ‘do I need a lawyer for probate?’, here are some key points to bear in mind:
• You Are Taking On Serious Legal Responsibility
This is the part that surprises many executors. Agreeing to act as executor is not just a formality or a mark of trust from the deceased. It is a legal role, and it carries genuine personal legal liability. If you make mistakes during the administration of the estate, including distributing assets before all debts have been settled, undervaluing assets for inheritance tax purposes, or missing a creditor who later comes forward, you can be held personally responsible for making good any shortfall. That liability does not disappear simply because the mistake was unintentional.
Many executors are entirely unaware of this when they begin. By the time they realise that the process is more involved than they expected, they are already part way through it. Taking advice at the outset costs far less than trying to unpick things later.
• The Size Of The Estate Is Not Always The Deciding Factor
It is natural to assume that a large or complex estate needs professional help and a smaller one does not. That is sometimes true, but it is not a reliable rule. An estate with a single property, modest savings, and a straightforward will can still create complications. Property valuations, potential capital gains tax on a sale, outstanding mortgage balances, and the correct transfer of title all require careful handling.
Equally, an estate that looks simple can turn out to include assets that were not immediately obvious, a pension with death benefits, a joint account with an unmarried partner, or shares in a small business. We can help assess the estate early on so you have a clear picture of what you are actually dealing with before committing to handling it yourself.
• Administering An Estate Involves A Lot Of Work
Even setting aside the legal complexity, the administrative workload involved in probate is substantial. As executor you are responsible for contacting every financial institution with which the deceased held an account, obtaining valuations, notifying relevant government departments, settling debts and liabilities, preparing estate accounts, and then distributing what remains to the beneficiaries in the right proportions. All of this typically takes months, and it sits alongside you own job or whatever else is happening in your life.
For many executors, the decision to instruct a solicitor is less about legal complexity and more about capacity. Handling a bereavement, returning to work, managing family, and then trying to learn an unfamiliar legal process from scratch is a significant burden. We can take on the full administration on your behalf, which means you stay informed without having to drive every step of the process yourself.
Where Things Can Go Wrong
The most common problems with DIY probate are often not dramatic errors. They are incremental mistakes that are easy to make when you are not undertaking the process regularly. More than a third of probate applications submitted to HM Courts and Tribunals Service are returned because of missing documentation or inaccurate information, which slows the process down and adds to the workload.
Beyond the application itself, the inheritance tax forms are an area where errors are particularly costly. The IHT400 and related schedules need to be accurate and complete. An IHT return must be submitted within six months of the date of death, regardless of whether any tax is actually due, and penalties apply if that deadline is missed. Exemptions and reliefs, including the residence nil rate band, the transferable nil rate band from a deceased spouse, business property relief and agricultural property relief, are not automatically applied. They need to be claimed correctly, and missing them means the estate pays more tax than it should.
How We Can Help
At Bartletts, our wills, trusts and probate team assists families across Liverpool, Chester, and Wrexham with estate administration every day. If you have recently been named as an executor and are not yet sure what that means in practice, please get in touch. A short conversation at the start of the process can save a great deal of time, cost and difficulty further down the line.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
