The five most common mistakes people make doing probate themselves

Applying for probate yourself is a real option for many families. For a straightforward estate, it is often the right choice. But there are a handful of mistakes that come up again and again. The good news is that all of them are avoidable once you know what to look for.

Here are the five that trip people up most often. For each one, we explain what goes wrong, why it matters, and how to stay on the right side of it.

1. Missing assets

It is easy to miss things. Old savings accounts, premium bonds, a small pension, shares bought years ago, or money owed back to the person who died. Some assets also sit outside the estate, such as jointly owned property or a life policy written in trust. These are handled differently, and it helps to know which is which.

Why it matters. Your valuation of the estate needs to be complete and correct. If you miss an asset, your figures are wrong. That can affect the forms you submit and, in some cases, whether inheritance tax is due. Sorting it out later means going back to HMRC or the probate registry, which slows everything down.

How to avoid it. Take your time with the search before you value anything. Go through post, emails, and bank statements from the last year or two. Look for interest payments, dividend vouchers, and direct debits that hint at policies or subscriptions. Contact each bank, building society, and provider in writing. Keep a running list as you go, and note which assets were in the person's sole name and which were jointly owned. A methodical sweep now saves rework later.

2. Undervaluing property

Property is usually the largest single item in an estate, so its value carries the most weight. A rough guess, or a single online estimate, is often not enough.

Why it matters. You value the estate as at the date of death. If you set the property value too low and it later sells for more, that gap can create a capital gains tax charge on the estate. If the estate is close to the inheritance tax threshold, an inaccurate figure can also lead HMRC to ask questions. Neither is a disaster, but both mean extra work and delay.

How to avoid it. For most estates, get more than one - ideally three, written estimate from local estate agents, and keep them on file. Where the estate is larger, or the value is near the inheritance tax threshold, a formal valuation from a chartered surveyor gives you a defensible figure. Aim for a fair, honest value at the date of death, not a hopeful one and not a cautious one. Write down how you arrived at the number.

3. Distributing before debts are settled

This is the one that carries the most personal risk. Beneficiaries are understandably keen to receive their share, and the pressure to pay out early is real. But money paid out cannot easily be pulled back.

Why it matters. As the executor or administrator, you are responsible for paying the estate's debts before distributing any funds to beneficiaries. If you distribute the estate and a debt comes to light afterwards, you may have to cover it yourself. That is true even for debts you did not know about at the time.

How to avoid it. Settle everything the estate owes before you pay anyone their inheritance. That means funeral costs first, then secured debts such as a mortgage, then unsecured debts, and any tax owed. To protect yourself against unknown creditors, you can place a formal notice in The Gazette and a local newspaper inviting anyone owed money to come forward. Once the notice period has passed, which is at least two months, you are protected from personal liability for debts you could not have known about. It is also worth knowing about the executor's year: residuary beneficiaries generally cannot demand their share until twelve months have passed since the death, which gives you room to get things right.

4. Choosing the wrong form

There is more than one probate form, and more than one inheritance tax route. Picking the wrong one at the start is a common cause of delay.

Why it matters. If you submit the wrong form, or the wrong combination, your application can be sent back. You then correct it and resubmit, and wait again. When you are already several weeks in, that is frustrating and avoidable.

How to avoid it. Start by checking which situation applies to you. In England and Wales, you use one form when there is a will and a different one when there is not. Scotland has its own process, called confirmation, with its own forms. The inheritance tax position matters too: most estates fall below the threshold and need only the simpler reporting, while larger or more complex estates need the fuller return. Work out your jurisdiction and your inheritance tax position first, then choose the forms to match. If you are unsure, it is worth pausing to check rather than guessing.

5. Poor record keeping

Administering an estate involves a lot of small movements of money. Assets come in, debts go out, and distributions are made. Without a clear record, it becomes very hard to show what happened and why.

Why it matters. Beneficiaries are entitled to ask how the estate was handled. If a question or a dispute arises, good records are your best protection. Estate accounts also make the final distribution far simpler, because you can see at a glance what is left to share out.

How to avoid it. Open a dedicated estate bank account so estate money stays separate from your own. Keep every receipt, valuation, and piece of correspondence. Prepare a simple set of estate accounts showing what came in, what went out, and what each beneficiary received, and ask beneficiaries to sign a receipt when they are paid. Hold on to your records for several years after you finish, as claims can be brought long after distribution. Tidy records now mean fewer worries later.

When to get help

Doing probate yourself suits many straightforward estates. Some situations genuinely call for professional support, such as a contested will, a trust, foreign assets, or an estate with inheritance tax to pay. A solicitor is the right choice in those cases, and there is no shame in asking for one. The skill is knowing which situation you are in.

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