When a loved one passes away, even the most straightforward of wills can create uncertainty for those left behind. Probate, the legal process of managing a deceased person’s estate, often feels like a formality when a will is in place. But in practice, it can raise questions about timing, legal obligations, and risk. Do executors always need a solicitor to guide them through? Not necessarily. But many discover that professional advice becomes invaluable once the details start to unfold.
Having a will does make probate simpler. It does not, however, make it simple.
What Probate Actually Involves
Probate is the process through which an executor gains legal authority to administer a person’s estate after they die. When a valid will exists, the executor must apply for a grant of probate in order to begin distributing assets, settling debts, and managing tax obligations. That’s the part most people understand. What they don’t often realise is how administratively demanding it can be—even for small or seemingly uncomplicated estates.
This is where experience matters. Many executors, particularly those doing this for the first time, seek support from Harrow-based probate experts. A solicitor can help interpret the will’s provisions, identify legal obligations, and ensure everything complies with deadlines set by HMRC and the probate registry. If the deceased had property, investments, debts, or multiple beneficiaries, the process quickly becomes more than a paperwork task.
Why a Valid Will Doesn’t Eliminate Risk
The presence of a will often reassures families that everything has been “taken care of.” In many ways, it has—wills provide clear instruction for how an estate should be divided. But they don’t shield executors from legal responsibility. If mistakes are made—such as undervaluing assets, distributing funds too early, or missing a creditor—the executor may be personally liable.
This can come as a shock to people who step into the role without realising how high the stakes are. A solicitor’s role is not simply administrative; it is protective. They ensure compliance, spot potential pitfalls, and provide peace of mind at a time when families are already emotionally strained.
Even minor oversights—say, misunderstanding how to value a jointly owned property or failing to track down a beneficiary—can delay probate or open the door to disputes. The legal framework around probate does not bend easily to good intentions. It follows formalities. That’s why many executors choose to outsource at least part of the process.
Time, Clarity, and Communication
There’s also the practical side. Probate often takes between six months and a year, depending on the estate’s complexity. During that time, executors must respond to financial institutions, submit tax forms, prepare estate accounts, and manage communications with beneficiaries. A solicitor can handle much of this on the executor’s behalf, streamlining the process and reducing friction among family members.
In cases where emotions are high—or where old family tensions resurface—a solicitor’s involvement can serve as a neutral buffer. This is especially useful if the will has left some people disappointed or surprised.
When It Might Be Safe to Go It Alone
There are, of course, scenarios where a solicitor may not be necessary. If the estate is very small, has no property, and consists only of a few bank accounts, the process may be relatively straightforward. Similarly, if all assets were jointly owned and pass automatically to a surviving spouse, probate might not be needed at all.
But these situations are less common than many assume. And even in these cases, it’s often worth speaking with a solicitor briefly to confirm whether probate is required and what steps should be taken.
Final Thoughts
In short, a will provides clarity. Probate provides legal authority. But it’s the solicitor who ensures the process works as intended—and who protects the executor from risks they may not even know they’re taking.
The decision to instruct a probate solicitor isn’t always about complexity. Sometimes, it’s about peace of mind. Executors carry legal and financial responsibility, and even well-drafted wills can leave gaps, raise questions, or trigger delays. While the law doesn’t require you to seek help, many find it makes all the difference in practice.