What Are The Most Common Problems With DIY Probate?

Handling probate without a solicitor can save on professional fees, but it exposes the person applying to personal financial risk if mistakes are made. In England and Wales, an executor applying for probate is personally responsible for identifying assets, paying any Inheritance Tax due, and distributing the estate correctly. The current fee for a Grant of Probate is £526 for estates worth more than £5,000, with no fee for estates of £5,000 or less.

Summary

DIY probate can save on solicitors’ fees but shifts the risk of mistakes, including personal financial liability, onto the person applying.
The current fee to apply for a Grant of Probate is £526 for estates over £5,000, with no fee for estates of £5,000 or less.
Inheritance Tax is generally due by the end of the sixth month after death, regardless of whether probate has been granted.
From 6th April 2026, a £2.5 million allowance limits 100% relief on qualifying agricultural and business property, which can increase the Inheritance Tax due on larger farming or business estates.
HM Revenue and Customs charges interest on late-paid Inheritance Tax at a rate linked to the Bank of England base rate, so delay in paying can become expensive.

Introduction

If you are administering the estate of someone who has died and are thinking of handling probate yourself, you may be worried about making a costly mistake that falls on you personally. A probate solicitor can value the estate correctly, deal with the inheritance tax, and take on the legal responsibility that an executor acting alone otherwise carries in full.

An executor or administrator who applies for probate themselves takes on the full legal responsibility that a solicitor would otherwise share. Mistakes in valuing the estate, calculating tax, or distributing assets are not simply administrative errors, because those mistakes can expose the person applying to personal liability. Understanding where DIY probate commonly goes wrong helps an executor decide whether to proceed alone or seek advice.

This forms part of our wider guide to wills, estates and trusts.

What does a Grant of Probate cost?

The current fee to apply for a Grant of Probate is £526 for an estate worth more than £5,000, and there is no fee where the estate is worth £5,000 or less, according to the gov.uk probate fees guidance.

Extra copies of the grant cost £2 each if ordered with the original application, rising to £16 each if ordered afterwards.

An executor completing the application without advice needs to value the estate accurately before applying, because an incorrect valuation can delay the grant or trigger a later dispute with HM Revenue and Customs. Underestimating the value of property, savings, or personal possessions is one of the most common mistakes in a DIY application.

When is Inheritance Tax due?

Inheritance Tax is generally due by the end of the sixth month after the month of death, regardless of whether a Grant of Probate has yet been issued. An executor may need to arrange payment, often from the estate’s own funds or a specific loan facility, before probate is granted.

Missing this deadline does not stop the tax being due, and it starts the clock running on interest.

HM Revenue and Customs charges interest on unpaid Inheritance Tax at the Bank of England base rate plus 4 percentage points, giving a late payment interest rate of 7.75% from 9th January 2026, according to the official HMRC interest rates guidance. As that guidance states: “HMRC interest rates are set in legislation and are linked to the Bank of England base rate.” An executor relying on an old figure risks underestimating what is owed.

Do new relief rules affect larger estates?

Yes, from 6th April 2026 a single £2.5 million allowance limits 100% relief on the combined value of qualifying agricultural and business property in an estate, with 50% relief on value above that figure, under the Finance Act 2026. Before this change, such property could attract 100% relief without an upper limit.

An estate holding farmland or a family business may now face a larger Inheritance Tax bill than an executor expects from an older will. Current values should be checked against the new allowance rather than figures calculated under the old rules, and an executor unsure how the cap applies should contact Cocks Lloyd before submitting the tax return.

The allowance is transferable between spouses and civil partners, so a couple’s combined estate can shelter up to £5 million of qualifying assets before the 50% rate applies, according to HM Revenue and Customs guidance on the changes. Executors dealing with any estate that includes a farm, smallholding, or trading business should treat this as a step that needs specific calculation, not estimation.

What personal risks does an executor take on?

An executor who distributes an estate before settling all debts, tax, and claims can be made personally liable to repay creditors or HM Revenue and Customs out of their own funds if the estate’s remaining assets are insufficient. This risk exists whether or not the executor took legal advice.

Executors are expected to make reasonable enquiries, including checking for creditors and confirming the correct tax position, before handing assets to beneficiaries.

Executors can reduce this risk by placing a formal notice for claims against the estate under section 27 of the Trustee Act 1925, which gives statutory protection against unknown creditors who fail to respond within the notice period. Skipping this step to save time or cost is one of the more serious risks a DIY executor can take.

Frequently asked questions

How much does it cost to apply for probate without a solicitor?

The court fee is currently £526 for an estate worth more than £5,000, with no fee for smaller estates, whether or not a solicitor is involved. Applying without a solicitor saves on professional fees but does not reduce the court fee itself. Extra costs can still arise from valuation, tax advice, or correcting mistakes made during the application.

Is Inheritance Tax due before probate is granted?

Yes, Inheritance Tax is generally due by the end of the sixth month after the month of death, regardless of whether the Grant of Probate has been issued by that point. Executors sometimes need to arrange payment from the estate’s own accounts or a specific loan before they can access other assets. Missing this deadline triggers interest at a rate linked to the Bank of England base rate.

Can an executor be personally liable for mistakes in a DIY probate application?

Yes, an executor who distributes an estate before settling all debts and tax correctly can be made personally liable to repay creditors or HM Revenue and Customs from their own funds. This liability applies whether or not the executor sought legal advice, but the risk of an undetected mistake is higher without a professional check. Placing a formal notice for unknown creditors before distribution helps limit this exposure.

Talk to Cocks Lloyd

If you are dealing with an estate and are unsure whether to apply for probate yourself, our probate team can review the position and take on as much or as little of the process as you need. Contact our probate solicitors to discuss your circumstances.

About the author

Alison Christine Coles, Senior Associate Solicitor, Cocks Lloyd Solicitors. SRA number 643257.

Alison Christine Coles is a Senior Associate Solicitor in the Private Client Department at Cocks Lloyd Solicitors, specialising in wills, probate, Lasting Powers of Attorney, and trusts. Qualified as a solicitor in 2019, she holds a law degree from Keele University and a Master’s in International Human Rights Law from Birmingham City University, and helps oversee training within the department. She regularly advises executors on the risks of administering an estate without professional support, and on correcting problems that arise from DIY probate applications.

Last reviewed: July 2026

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