Probate Fees
We can deal with every aspect of the estate administration from start to finish. The work will generally include the following stages:
- Registering the death with the relevant institutions
- Assessing the value of the Estate including all assets and liabilities and identifying any potential issues
- Determining whether inheritance tax is payable and preparing the appropriate Inland Revenue Account
- Applying for a Grant of Representation either a Grant of Probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will)
- Sending copies of the Grant to the relevant financial institutions in order to collect in the estate monies to pay the debts and legacies under the Will
- Obtaining confirmation from the Inland Revenue that no further income tax or inheritance tax is due
- Preparing and finalising the Estate Accounts for the executors and residuary beneficiaries’ approval and distributing the residue to the residuary beneficiaries • Provision of Estate Income (R185) forms
We will provide a best estimate of fees based on the information provided by you as to how much work will be required to complete the estate administration.
The exact cost will depend on the individual circumstances of the matter. For example, if there are multiple beneficiaries, a property and multiple bank accounts, the costs are likely to be higher than an estate with only one beneficiary and limited assets.
By way of an example, a straightforward estate will take between 10-20 hours work at £200.00 plus VAT per hour. The total costs would therefore be estimated at £2,000.00 – £4,000.00 (plus VAT). In addition, up to 1% of the net value of the estate may be charged. Value is not automatically added to the hourly rate but a fair and reasonable amount will be ascertained according to the complexity of a particular case.
A straightforward estate is where:
- There is a valid will
- There is no more than one property
- There are no more than 5 bank or building society accounts
- There are no other intangible or digital assets
- There are no more than 5 UK beneficiaries
- There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
- There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
- There are no claims made against the estate e.g. from the Department of Work and Pensions
- There is no family or any other ongoing trust
- The testators tax affairs are settled to the end of the last tax year before death • The estate does not include assets held outside the UK or Business/Agricultural assets. These typically involve substantial additional work and a higher level of fees
Potential additional costs
If an estate has any of the following features, it is likely to be more complex than a straightforward matter and therefore likely to result in more time being spent on the issues. The costs are likely to be higher in matters where:
- There is no Will
- Professional executors are appointed
- The estate consists of any share holdings (stocks and bonds)
- The estate includes foreign assets
- The estate includes a family or other ongoing trust
- The estate is taxable and requires the submission of a full inheritance tax account • The testator is non-UK domicile
- Any one or more of the beneficiaries are non-UK domicile
- There is more than one property
- Property is unregistered
- The property is not local
- The estate comprises a business
- The estate includes agricultural land
- Where property and/or land is subject to an existing tenancy
- There are charitable beneficiaries
- There are intangible or digital assets
- There are disputes between the beneficiaries on division of assets
- There are claims against the estate including claims made by the Department of Work and Pensions
- The estate is insolvent
We will provide you with a more accurate estimate once we have more information regarding the nature of the estate.
Additional Expenses
These are sometimes called disbursements. These are additional costs related to your matter that are payable to third parties, such as Court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Some of the most common types of disbursements in probate matters are as follows: –
- Probate application fee of £300.00 plus £1.50 for each additional sealed office copy of the Grant of Probate (usually one per asset)
- £5.00 Swearing of the oath (per executor) plus £2.00 for each additional exhibit (i.e. for an Oath and a Will the oath swear fee will be £7.00)
- Bankruptcy-only Land Charges Department searches (£2.00 per beneficiary) • Statutory Advertisement of between £200.00 – £300.00 plus VAT (The London Gazette – and a local newspaper) to protect against unexpected claims from unknown creditors
- Land Registry fees for dealing with the assent of a property
Dealing with the sale of any property in the estate is not included in the above fees and will be charged separately.
How long does it take for probate to be completed?
On average, a straightforward estate is dealt with within 12 months. Typically, obtaining the grant of probate takes 3-4 months.
Collecting assets then follows, which can take between 1-3 months. Once this has been done, we can proceed with the winding up procedure including distribution of the estate, which normally takes 2-3 months.
If a property is to be sold in the estate, this can delay the final distribution of the estate depending on how quickly a buyer can be found. Typically, money would be retained in the estate to meet ongoing expenses such as Utility bills, Buildings insurance etc, with a final distribution being made once the sale has completed.
Fixed fee to obtain Grant of Probate only
If you require help with the difficult process of obtaining the Grant of Probate where there is a Will but there is no Inheritance Tax payable, but wish to deal with the estate yourself as Executor, we can assist with this also.
How much does this service cost?
TOTAL: fixed fee of £750.00 (plus VAT).
This includes: verifying the value of the assets in the estate, completing any Inheritance Tax return required and obtaining the grant from the Court.
In addition to our fees would be the following disbursements*:
- Probate court fee of £300.00
- Additional copies of the grant £1.50 each
We can also assist with the following items if you require this:
- Statutory Advertisement of between £200.00 – £300.00 plus VAT (The London Gazette – and a local newspaper) to protect against unexpected claims from unknown creditors
*Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
As part of our fixed fee we will:
- Provide you with a dedicated and experienced probate solicitor to work on your matter
- Identify the legally appointed executors or administrators
- Accurately identify the type of Probate application you will require
- Obtain the relevant documents required to make the application
- Complete the Probate Application and the relevant HMRC forms
- Draft a legal statement of truth
- Make the application to the Probate Court on your behalf
- Obtain the Probate and send copies to you
On average, applications for Grants of Probate are dealt with within 2-4 months.