Probate: Do it yourself

There is no reason why you should not undertake the obtaining of probate and winding up of the estate without involving a professional unless the estate is complicated by one or more of the factors listed below. If you decide to do-it-yourself, we will provide a comprehensive guide with pro-forma letters (all free of charge) and on-going support (to be chargeable on a basis we can agree). Simply contact us, by telephone or email, to discuss the details.

It is advisable to consult a professional in the following circumstances:

• The Will cannot be found
• The Will is not valid
• The Will is likely to be contested
• The beneficiaries cannot be located
• The terms of the Will are not clear
• The estate is subject to inheritance tax
• The deceased was married, but left no Will and the final value of the estate is over the inheritance threshold, currently £325,000
• There is no Will, the value of the estate is over £250,000 and there is a spouse or civil partner with children / There is no Will, the value of the estate is over £450,000 and there is a spouse or civil partner with no children (£200,000 for deaths before 1st February 2009)
• Part of the estate will be passed to children under the age of 18, whether there is a Will or not
• The deceased has left money or property in trust
• The deceased owned a business or was a partner in a business
• The deceased owned land or property that has an unregistered title
• The deceased owned land or property abroad
• Someone is due to benefit from a life interest in the estate
• If the deceased inherited from another estate within the last two years
• The estate is insolvent
• The deceased is involved in any court proceedings
• The estate belonged to a widow or widower and may be liable to inheritance tax, as some of the previously deceased spouse’s unused tax allowance may be used