When You Need a Solicitor for Probate (and When You Don't)

Whether you need a solicitor for probate depends almost entirely on the estate, not on the law preferring one route over another. The Probate Office accepts personal applications, so many people manage a straightforward estate themselves. Other estates carry risks that make professional help the sensible choice — and a few make it compulsory.

This guide walks through the situations one by one, so you can see where your estate sits. It is part of our wider guide on DIY probate versus using a solicitor in Ireland, which compares the costs, timelines, and risks of each route in more detail.

We are a coordination platform, not a law firm. Our job is to help you understand what your estate needs and, where professional help is the right call, to match you with a qualified solicitor, tax advisor, or valuer. The aim here is an honest picture — not to push you toward help you do not need.

The short answer: it depends on the estate

There are three broad categories. In the first, you can apply yourself. In the second, the Probate Office requires you to use a solicitor. In the third — the largest and most nuanced — a personal application is technically allowed, but professional help is strongly advised because of the risks involved.

Most estates fall into the third category, which is why “do I need a solicitor?” rarely has a simple yes-or-no answer. The right question is usually “what does my estate involve, and where is the risk?” The sections below break that down.

When you probably do not need a solicitor

A personal application is realistic when the estate is genuinely straightforward. That means a valid, uncontested will, a small number of standard assets, beneficiaries who all agree, and no complications that call for legal or tax expertise. Many organised executors handle estates like this without difficulty.

If every item on that list applies, a personal application can save you money on professional fees. It will still take time and care, and the personal application paperwork must be completed accurately, but it is a reasonable choice for a simple estate.

When a solicitor is required

In some situations the Probate Office will not accept a personal application at all. These are cases where the application involves a legal question, a vulnerable person, or a cross-border complication that needs a solicitor. If any of the following apply, you must use a solicitor.

The Probate Office also notes that there may be other circumstances where the Probate Officer deems it necessary to have a solicitor assist with the application. If you are unsure whether your situation qualifies, contact the Probate Office directly or ask us — we can help you read your situation.

Contentious estates: when someone disputes the will

A contentious estate is one where someone challenges the will, the distribution, or the right to administer the estate. This is the clearest case for legal representation. You cannot make a personal application where there are disputes among the next of kin, and trying to manage a dispute yourself can make a difficult situation worse.

One common source of dispute is the surviving spouse’s legal right share. Under Section 111 of the Succession Act 1965, a spouse is entitled to one-half of the estate where there are no children, or one-third where there are children. This right has priority over the gifts in the will, so a will that ignores it can be challenged.

Another is a claim by a child. Under Section 117 of the Succession Act 1965, a child — including an adult child — can apply to court arguing that a parent failed in their moral duty to make proper provision for them. Such a claim must be brought within six months of the Grant of Probate — the court’s permission to manage the estate — first issuing, and it cannot reduce the spouse’s legal right share.

Insolvent estates: when debts exceed assets

An insolvent estate is one where the deceased’s debts exceed the value of their assets. These estates are higher-risk for the person administering them, because the law sets a strict order in which debts must be paid. Pay the wrong creditor first and you can become personally liable for the shortfall.

Citizens Information sets out the order of priority for an insolvent estate. Reasonable funeral and administration costs come first — the expenses of the funeral and of sorting out the estate. Next come creditors with security over the deceased’s property, such as a mortgage lender. Last come preferential debts, such as taxes and social insurance owed at the date of death.

There is one important reassurance. Relatives of the person who died are not personally responsible for the deceased’s debts unless they had guaranteed them. The risk in an insolvent estate is to the personal representative who distributes incorrectly, not to the wider family simply for being related.

Missing, invalid, or absent will

Where the original will cannot be found, or its validity is in question, the Probate Office requires a solicitor. Proving a lost will, or defending one against a challenge to the way it was signed or witnessed, involves a court application that is not suited to a personal applicant.

Where there is no will at all, the estate is dealt with under the rules of intestacy in Ireland, and the next of kin applies for a Grant of Letters of Administration — the court document that lets you manage the estate when there is no will. A simple intestate estate with an agreed family can sometimes be handled by a personal application, but intestacy raises questions about who is entitled to apply, and in what order, that often benefit from advice.

Foreign assets, trusts, and minor beneficiaries

Some features of an estate add complexity that rarely suits a personal application, even when one is technically allowed. Foreign assets are a leading example: overseas property, shares, or bank accounts can require a separate grant abroad and raise questions about double taxation and which country has the first claim on tax.

Trusts and minor beneficiaries are another. Where a will leaves assets in trust, or leaves something to a child who is under 18, the person administering the estate takes on ongoing duties and, often, separate tax filing obligations that continue after the grant issues. These are not one-off tasks, and getting them wrong has lasting consequences.

Business interests — a farm, a shareholding in a private company, a sole trade — also call for specialist input. Valuing these assets, claiming any available reliefs, and transferring them correctly are areas where a tax advisor and solicitor working together usually save more than they cost. For cross-border estates, see our guidance on cross-border inheritance and international estates.

Complex tax: the most common reason to get help

Tax is where DIY probate carries the highest risk. The main tax obligations in an estate are the final income tax return for the person who died, capital gains tax on any assets sold, and Capital Acquisitions Tax (CAT) on the inheritances themselves. Getting any of these wrong can mean penalties and personal liability for the executor.

Capital Acquisitions Tax is charged at 33% on the value of an inheritance above the relevant tax-free threshold. Effective from 2 October 2024, the thresholds are €400,000 for Group A (children), €40,000 for Group B (parents taking a gift or limited interest, siblings, nieces, nephews, grandparents and other lineal ancestors, and grandchildren and other lineal descendants outside Group A), and €20,000 for Group C (everyone else). These are lifetime, cumulative thresholds within each group.

The thread running through all of this: personal liability

The reason these scenarios matter is personal liability. The person administering an estate — the executor or administrator — can be held personally responsible if taxes go unpaid or if assets are distributed incorrectly. That means your own money, not just the estate’s, can be at risk if something is missed.

Section 49 of the Succession Act 1965 offers some protection: a personal representative who advertises for creditors and waits the stated period before distributing is protected against claims that were not brought forward in time. But that protection only works if the notice is done properly — another reason the steps matter as much as the outcome.

For a fuller picture of where executors get caught out, see our guide to probate mistakes that cost executors money and our broader explanation of executor duties and liability in Ireland.

The middle path: where most people land

You do not have to choose between doing everything alone and handing everything over. Many people start themselves and bring in help when they hit a complication. A solicitor can take over from where you left off, so the document-gathering and valuation work you have already done is not wasted. Our guide to DIY probate gone wrong covers the common failure points and how to recover.