Probate Solicitor Guide: Duties, & How to Choose One
Handling a loved one’s estate after their death can be overwhelming. A probate solicitor simplifies the legal process, ensuring everything is done correctly. This guide explains their role, costs, and how to pick the right one.
What Is a Probate Solicitor?
A probate solicitor is a legal expert who handles the probate process—proving a will’s validity, distributing assets, and settling debts. They ensure the estate is managed as per the deceased’s wishes or legal rules if no will exists.
Key Responsibilities of a Probate Solicitor
- Validating the Will – Confirming the will is legally binding.
- Applying for Probate – Submitting documents to the court.
- Valuing the Estate – Assessing property, savings, and debts.
- Paying Inheritance Tax – Calculating and filing tax returns.
- Distributing Assets – Transferring wealth to beneficiaries.
- Resolving Disputes – Handling conflicts among heirs.
When Do You Need a Probate Solicitor?
You may require a probate solicitor if:
The estate is complex (multiple properties, businesses, or overseas assets).
There’s no will (intestacy rules apply).
Disputes arise among beneficiaries.
]You’re unfamiliar with legal paperwork.
How to Choose the Right Probate Solicitor
Follow these steps to find a reliable probate solicitor:
1. Check Qualifications
- Ensure they’re regulated by the SRA (Solicitors Regulation Authority).
- Look for STEP (Society of Trust and Estate Practitioners) accreditation.
2. Compare Fees
- Get quotes from at least three solicitors.
- Avoid those charging excessive percentage fees for small estates.
3. Read Reviews
- Check Google, Trustpilot, or legal directories for client feedback.
4. Assess Experience
- Prefer solicitors with 10+ years in probate law.
- Ask about similar cases they’ve handled.
5. Meet Them Personally
- Ensure they’re approachable and transparent.
DIY Probate vs. Hiring a Solicitor
Factor | DIY Probate | Hiring a Solicitor |
Cost | Lower (£300 – £1,000) | Higher (£1,000 – £5,000+) |
Time | Slower (6-12 months) | Faster (3-6 months) |
Complexity | Risky for large estates | Handles legal complexities |
Stress | High (paperwork burden) | Low (expert handles everything) |
Best for simple estates with no disputes.
Common Probate Delays & How a Solicitor Helps
- Missing Documents – A solicitor ensures all paperwork is filed correctly.
- Tax Errors – They prevent costly Inheritance Tax mistakes.
- Family Disputes – They mediate conflicts to avoid court.
Conclusion
A probate solicitor saves time, reduces stress, and ensures legal compliance. If the estate is complex or disputes arise, hiring one is wise. Compare fees, check credentials, and read reviews before choosing.
Need help? Consult a specialist probate solicitor today for a smoother process.