Probate and Estates Administration

Why Do I Need a Solicitor to Assist with Probate and Estate Administration?

The death of someone close to you is traumatic and distressing. If you are the Personal Representative or Executor, you’ll be required to deal with potentially large amounts of documents, ascertain the assets and liabilities included in the estate, ensure that any tax issues are resolved correctly, and all tax is paid, and apply for a grant of probate.

Along with the added pressure from beneficiaries, this can be a lot to take on, and could feel extremely overwhelming during a time of grief. A solicitor can help you with all of this, and take away a great deal of the stress.

Probate and Estate Administration Fees

Obtaining a Grant in An Estate That Does Not Have Any Inheritance Tax to Pay

This information about the costs is for an estate where:

• There is a valid Will
• There is no more than one property
• There are no more than 3 banks or building society accounts
• There are no other intangible assets
• There are between 1-3 beneficiaries
• There are no disputes between beneficiaries on division of assets. If a dispute arises it is likely to lead to an increase in costs
• There is no inheritance tax payable and the executors do not need to submit a detailed account to HMRC
• There are no claims against the estate
• The estate does not include a business, farms, farmhouses or farmland, an interest in another estate, loans or mortgages payable to the deceased, foreign assets, assets held in trust, National Heritage assets or unlisted stocks and shares and control holdings.

Breakdown of Fees

• Between £750.00 + VAT (£150.00) = Total: £900.00, up to £950.00 + VAT (£190.00) = Total: £1,140.00.

Total costs between £900.00 and £1,140.00 (inc VAT)

• A court fee of £273.00 (for estates that are valued at more than £5,000.00)
• Plus £1.50 per additional sealed copy of the grant you request

The total fee for this service is between £1,173.00 and £1,413.00 (inc VAT) plus £1.50 per additional copy of the grant you request.

The exact cost will depend on the individual circumstances of the matter.  For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end. We will provide you with an estimate of our costs during the initial meeting

What Does the Fee Include?

• Meeting with you to discuss your requirements
• Provide a named and dedicated probate solicitor or experienced professional to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Advising you regarding the terms of the Will or the estate distribution on Intestacy (where the deceased did not have a Will)
• Providing advice and information to you regarding your responsibilities as a Personal Representative
• Accurately identify the type of probate application that you require
• Obtain and draft the relevant probate and  Inheritance Tax forms  you require
• make the application to the probate registry to apply for a grant; and
• Sending you the original grant and any additional copies you have ordered.

What is Not Included in the Fee?

• Administering the estate
• Dealing with any disputes between the beneficiaries
• Responding to any challenges brought against the estate
• Our costs for selling any property
• Obtaining the date of death values of the assets and liabilities
• Tracing any unknown assets;
• Tracing any missing beneficiaries
• DWP enquiries
• Resolving any trust issues that may arise
• Preparing estate accounts

Obtaining a Grant in an Estate Where There is Inheritance Tax to Pay

This information about the costs is for estate where:

• There is a valid Will
• There is no more than one property
• There are no more than 3 banks or building society accounts
• There are no other intangible assets
• There are between 1-3 beneficiaries
• There are no disputes between beneficiaries on division of assets. If a dispute arises it is likely to lead to an increase in costs
• There is no inheritance tax payable and the executors do not need to submit a detailed account to HMRC
• There are no claims against the estate
• The estate does not include; a business, farms, farmhouses or farmland, an interest in another estate, loans or mortgages payable to the deceased, foreign assets, assets held in trust, National Heritage assets or unlisted stocks and shares in control holdings.

Breakdown of Fees

• Between £950.00 + VAT (£190.00) = Total: £1,140.00, up to £1,500.00 + VAT (£300.00) = Total:£1,800.00

Total costs between £1,140.00 and £1,800.00 (inc VAT)

• Plus a court fee of £155.00
• Plus £1.50 per additional copy of the grant you request

The total fee for this service is between £1,295.00 and £1,955.00 (inc VAT) plus £1.50 per additional copy of the grant you request.

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property, and multiple bank accounts, costs will be at the higher end.

What Does the Fee Include?

• Meeting with you to discuss your requirements
• Provide a named and dedicated probate solicitor or experienced professional to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Advising you regarding the terms of the Will or the estate distribution on Intestacy (where the deceased did not have a Will)
• Providing advice and information to you regarding your responsibilities as a Personal Representative
• Accurately identify the type of probate application that you require
• Obtain and draft the relevant probate and  Inheritance Tax forms  you require
• make the application to the probate registry to apply for a grant; and
• Sending you the original grant and any additional copies you have ordered.

What is Not Included in the Fee?

• Administering the estate
• Dealing with any disputes between the Beneficiaries
• Responding to any challenges brought against the estate
• Our costs for selling any property
• Obtaining the date of death values of the assets and liabilities
• Tracing any unknown assets
• Tracing any missing Beneficiaries
• DWP enquiries; and
• Resolving any trust issues that may arise.
• The payment of any tax – this will have to be funded by other means.

Administration of an Estate

This information about the costs is for estate where:

• There is a valid Will
• There is no more than one property
• There are no more than 3 banks or building society accounts
• There are no other intangible assets
• There are between 1-3 beneficiaries
• There are no disputes between beneficiaries on the division of assets. If a dispute arises it is likely to lead to an increase in costs
• There is no inheritance tax payable and the executors do not need to submit a detailed account to HMRC
• There are no claims against the estate
• The estate does not include a business, farms, farmhouses or farmland, an interest in another estate, loans or mortgages payable to the deceased, foreign assets, assets held in trust, National Heritage assets or unlisted stocks and shares in control holdings.

When you instruct us,  we will send a letter to you setting out the basis upon which we will charge our fees.

Breakdown of Fees

This work usually takes between 15 and 20 hours work at between £126.00 +VAT (£25.20) = Total: £151.20, to £255.00 per hour +VAT (£51.00) = Total: £306.00

Total costs between £151.20 and £306.00 (inc VAT) per hour. The range of hourly rates applied will vary according to the seniority and qualifications of the people handling the probate.

The fees could usually, therefore, be between £1,890.00 + VAT (£378.00) = Total: £2,268.00, and £5,100.00 + VAT (£1,020.00) = Total: £6,120.00.

There will also be the costs of any disbursements (see below).

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

We will look at the facts of each case to be able to decide what is the most appropriate funding arrangement and agree this with you at the start of the matter.

Possible Disbursements

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.

• Probate application fee of £273.00 plus £1.50 for each additional sealed copy
• Bankruptcy – Land Charges Department searches £2.00 + VAT (£0.40) = Total: £2.40 per beneficiary
• Post in the London Gazette – Protects against unexpected claims from unknown creditors – £90.00+ VAT (£18.00) = Total: £108.00
• Post in a Local Newspaper – This also helps to protect against unexpected claims. This price will depend upon the location and the exact amount will be confirmed with you.
• Unclaimed Asset Register search – starting from £155.00 + VAT (£31.00) = Total: £186.00
• Beneficiary Identity Check – £20.00 + VAT (£4.00) = Total: £24.00 per beneficiary

All of the following factors are likely to increase the costs estimated above:

• If there is no will
• If the estate consists of any shareholdings
• If the deceased had any interest in trust during their lifetime
• If the estate includes foreign property
• If the estate includes more than one property
• If the deceased made lifetime gifts which need to be reported to HM Revenue & Customs
• The estate is insolvent
• Where there is a requirement to ensure that all matters relating to income tax, capital gains tax, state benefits and pensions are sorted out and to ensure that HM Revenue & Customs files are closed
• Where the deceased had an interest in a business or farm
• Where there are more than 3 beneficiaries
• If there are any legal disputes
• Where income tax returns to the date of death need to be filed
• The clearing of a house
• Arranging for insurance for a house and contents
• Where it is necessary to claim reliefs and exemptions e.g. transferable nil rate bands, residence nil rate bands, business property relief, agricultural property relief, spouse and charity exemptions
• Valuation of assets
• Dealing with the sale or transfer of any property in the estate is not included. We can assist with this and a quote can be provided where necessary.

What is Included?

• Meeting with you to discuss your requirements
• Advising you regarding the terms of the Will or the estate distribution on Intestacy (where the deceased did not have a Will).
• Providing advice and information to you regarding your responsibilities as a Personal Representative
• Obtaining valuations of the assets and liabilities in the estate
• Drafting the Inheritance Tax form and witness statement and sending it to you to sign or meeting with you to explain the contents
• Submitting the IHT forms to HMRC
• Dealing with any income tax that is payable or eligible for a refund
• Sending the documents to the probate registry to apply for a grant
• Encashing the assets and paying any liabilities out of estate funds
• Preparing estate accounts
• Contacting all beneficiaries to advise about their inheritance and carry out bankruptcy searches
• Distribute the estate; and
• Sending you the original grant and any additional copies you have ordered.

What is Not Included?

• Dealing with any disputes between the beneficiaries
• Responding to any challenges brought against the estate
• Our costs for selling any property
• Tracing any unknown assets
• Tracing any missing Beneficiaries
• DWP enquiries
• Resolving any trust issues that may arise
• Dealing with any property that was owned outside of England and Wales