Probate

Although it is very difficult to predict exactly how long this process will take the average case will take between 10 and 24 hours work at £260 ( plus VAT) per hour. Total costs estimated at between £2250- £5,400 ( plus VAT) plus disbursements in the region of £383 (see below).

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and one freehold or leasehold property, costs will be at the lower end of the range. If there are multiple beneficiaries, properties and multiple bank accounts, costs will be at the higher end.

We can handle the full process for you. The price range quoted is for estates where:

• There is a valid will
• There is no more than one property
• There are no more than 4 bank or building society accounts
• There are no other intangible assets
• There are 2-3 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

*Please be aware that you could have an estate where there is no IHT payable but you are directed to complete an IHT400 Estate form instead of an IHT205 form.  Where this happens we will need to make further enquiries and obtain detailed information from Executors which could involve having to complete between 5-20 forms.

Disbursements referred to above:

• Probate application fee of £157
• £7 Swearing of the oath (per executor)
• Bankruptcy-only Land Charges Department searches (£1 per beneficiary)
• £101.52 Post in The London Gazette – Protects against unexpected claims from unknown creditors.
• £114 Post in a Local Newspaper – This also helps to protect against unexpected claims. Please note that these are estimates as costs may vary between regions and newspapers.
• £3.00 for copy Gazette

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. Occasionally there may be a change in the amount of disbursements we carry out on your behalf. Where such changes arise, you will be notified.

Potential additional costs

• If there is no Will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate idea of costs once we have more information.
• If any additional copies of the grant are required, they will cost 50p each (1 per asset usually).

Dealing with the sale or transfer of any property in the estate is not included.

On average, estates that fall within this range are dealt with within 6-12 months. Typically, obtaining the grant of probate takes 3 months. Collecting assets then follows, which can take between 6-12 months. Once this has been done, we can distribute the assets, which normally takes 4-6 weeks but each matter has its own separate circumstances.

As part of the process we will:

• Provide you with a dedicated and experienced probate solicitor to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Accurately identify the type of Probate application you will require
• Obtain the relevant documents required to make the application
• Write to all creditors and debtors to obtain values as appropriate
• Complete the Probate Application and the relevant HMRC forms
• Draft a legal oath for you to swear
• Make the application to the Probate Court on your behalf
• Obtain the Probate and securely send two copies to you
• Collect and distribute all assets in the estate
• Prepare Basic Estate Account and Cash Account

Contact details for our Probate team can be found on the “Meet the Team” page

Christopher Paterson

Christopher joined us in 2020 as a Private Client Consultant having specialised for many years in Wills, Trusts, Probate, and Powers of Attorney. Christopher is a full member of STEP and always seeks to reassure clients whatever their concerns.

 Ian Soulsby

Having worked as a solicitor for nearly 40 years Ian has a wealth of legal knowledge and practical experience enabling him to handle complex legal issues. His specialist areas are Employment and Property Law. He also spent many years sitting as an Employment Judge.