Probate Fees

It can be difficult to estimate the costs of Probate because so much depends on the deceased’s circumstances, for example whether there is a valid Will, did the deceased die without a Will, are the beneficiaries easily ascertainable, the size of the estate and the type of assets in the estate. No two cases are the same. We can:

• advise you in connection with obtaining grant of representation (Grant of Probate, Letters of Administration with Will attached or Letters of Administration) only to the estate, leaving the Executors to deal with the administration;
• or we can undertake the above and also deal with the administration of the estate; which involves gathering in all the assets, dealing with any issues that arise, paying out to the beneficiaries and finalising the estate including all the legal taxation and administrative matters.

We will not do the following:

• provide any advice in relation to foreign assets, however we are able to co-ordinate advice with professional advisers in other jurisdictions in relation to assets held abroad but only to the extent specifically agreed in writing between us (which may incur an additional cost);
• provide advice in relation to dealing with actual claims made against the estate, or contentious matters in dealing with the administration of the estate – these would be a separate matter, however we are able to co-ordinate with other professional advisers on how this impacts the administration of the estate but only to the extent specifically agreed in writing between us (which may incur an additional cost).

For Probate cases, we provide a fixed fee service but will usually charge the estate based on the work which is necessary. The exact cost will depend on the individual circumstances of the matter. The below price information is a general indication of costs based on our experience.

Grant of Probate only

If we are instructed to obtain the Grant of Probate only with the Executors dealing with the subsequent administration, our fixed fee for an estate England and Wales our fixed fee would be:

Simple Estate (to include HMRC forms, Statement of Truth and Transferable Nil Rate Band)	£1,000 - £1,500 + VAT
Complex Estate (to include HMRC forms, Statement of Truth, Transferable Nil Rate Band and Inheritance Tax liability)	£2,000 - £5,000 + VAT

This is based on the following assumptions:

• there is a valid Will appointing Executors
• Executors provide us with all relevant information promptly
• there are no disputes between beneficiaries
• the Will is not contested
• there are no debts (other than utility bills)

To obtain the Grant of Probate only we will:

• Provide you with a dedicated and experienced probate professional to work on your matter
• Liaise with the legally appointed Executors over assets in the estate
• Identify which type of probate you require
• Write to the banks and relevant organisations to obtain asset values at date of death
• Prepare the relevant HMRC forms
• Deal with HMRC in relation to the Inheritance Tax position and arrange payment of Inheritance Tax from estate assets (if applicable)
• Draft the Statement of Truth
• Make the application to the Probate Court on your behalf
• Obtain the Grant of Probate and send it to you

The following factors are likely to increase the cost of your matter and the time it will take:

• not having all of the paperwork available, or having missing or incoherent information provided by the Executors that needs investigation and correction
• third parties not responding to our communications promptly
• disputes between the Executors and beneficiaries
• dealing with unusual or complex assets or items (for example: fine art, timeshares, company shares, etc).

Full Administration

If we are instructed to deal with obtaining the Grant of Probate and the subsequent administration of the estate, our fees would be in the region of 1-3% of the gross value of the estate, including the share of joint property.

On the basis of the above assumptions, we will take all steps listed above in addition to the following:

• liaise with the Executors on the day to day administration of the estate
• send sealed copies of the Grant of Probate to banks and other asset holders where required
• complete asset release forms, account closure forms and share dealing forms (where appropriate)
• collect in the estate assets
• advise you on your personal liability as Executors and on steps to be taken to mitigate your exposure to risk
• settle liabilities
• identify all beneficiaries and conduct bankruptcy searches on each beneficiary
• prepare the Estate Accounts for Executor approval
• distribute the assets in the estate in accordance with the Will

Timescales

It can be difficult to gauge the time that a Probate case will take.

The timescale for dealing with a straightforward estate and obtaining the Grant of Probate only, with no complications, is between 2 to 4 months. However, obtaining a Grant of Probate in a complex estate can take 9 months or more, depending on issues encountered with ascertaining all necessary financial information.

Once the Grant of Probate has been obtained collecting in the assets can take between 2 to 6 months, again depending on issues encountered.

However, if the estate includes agricultural or business assets and Inheritance Tax is payable despite claiming available reliefs, the administration may take well in excess of 12 months since additional time will be required in dealing with the District Valuation Office, HMRC share valuation and other branches of HMRC to ascertain values of such assets before HMRC clearance can be obtained.

An estate that includes multiple assets can take up to a year or more to conclude, if complex issues arise it could take longer and until we know what your estate entails, we cannot give a precise timescale.

Any conveyancing work involved in the estate administration is dealt with by our Conveyancing Department and their prices are set out separate under the Conveyancing section of our website.

Hourly Charging Rates

When we have met with you and assessed the work involved, we will be able to give you a clearer idea of the fees involved. For your information our hourly charging rates are as follows:

Partners/Department Heads £300.00
Solicitor £250.00
Chartered Legal Executive £225.00
Senior Executive £225.00
Paralegal/Support Staff/Trainee Solicitor £170.00
Litigation only £250.00

We will add VAT to these at the rate that applies at the time when the work is done. At present VAT is 20%.

Disbursements

We will incur disbursements on your behalf which are payable to third parties. The most common disbursements in a Probate matter are:

Item	Amount	VAT
Certainty Will Search	£95.00	20%
Probate fee *	£273.00	None
Office Copies for the Grant of Probate (per copy)	£1.50	None
Advert in the local newspaper	£185.00	None
Advert in the London Gazette	£62.15	None
Money Laundering and ID check on each Executor	£4.80	None
Copy of Land Registry Register of Title and Plan to each property	£6.00	None
Bankruptcy Search on each Beneficiary	£2.00	None

* Please note that the government has issued proposals to increase fees in the future. We will attempt to make the application for the Grant before the fee changes but due to the nature of the process and reliance on third parties, this may not be possible.

Contact Us

Please contact us to arrange an appointment and we can then provide you with an individual estimate based on your specific circumstances.