Costs Information Probate

We provide specific quotes on a case by case basis and therefore the following information is provided for illustrative purposes only.

If the deceased dies leaving a Will then a Grant of Probate may be required, and if they have no Will they will have died Intestate and a Grant of Letters of Administration may be needed.   In some cases a Grant is not required, but the estate will still need administering.  We can deal with the whole process or just apply for the Grant.

In dealing with the administration of an estate there are a large number of factors that are relevant in assessing the likely overall cost including legal fees, any Inheritance Tax and other disbursements that may be payable.

These factors include but are not limited to:

For probate work we charge on the basis of an hourly rate, plus an element to reflect the value and complexity of the assets involved and this will be explained in our Client Care Letter. The range of hourly rates is £400 plus VAT at 20% for Partner level to £200 plus VAT at 20% for a qualified non-partner solicitor. Trainee Solicitors and paralegals may also assist.  

For an average uncomplicated estate our fee range is likely to be between £10,000.00 and £50,000.00 plus VAT at 20% but the final figure will depend on the factors set out above and the time taken to complete the process.

All our fee earners who carry out probate work are qualified and experienced solicitors whose details can be found under the “our people tab”.

Below is a summary of the likely costs (based on our experience), disbursements and costs of those disbursements in relation to the administration of a typical estate where there is a Will with no contentious issues or complicated provisions along with a description of the services we provide in respect of the administration of an estate showing key stages and an indication of time scales.

Please note that if we are instructed to sell a property as part of the administration of an estate our work for that will be subject to a separate charge. Please see our costs information regarding conveyancing for further information.

We do not provide at this stage an estimate of any tax that might be payable as that will depend on too many variables within the estate but where tax may be payable (where the value of the estate is above the IHT threshold) we will address this specifically on a case by case basis.

Probate Costs Information Summary with disbursements

Belmont & Lowe fees – estimates:

Legal fees assuming a simple estate where there is no IHT payable and the value of the estate is £600,000: costs £10,800 plus vat (at 20%) of £2,160 – Total £12,960

Legal Fees assuming an estate where there is IHT payable and the value of the estate is £2,000,000: costs £30,000 plus vat (at 20%) of £4,500 – Total £34,500

Disbursements (these are costs payable to third parties which may relate to your matter)

Probate Registry application fee: £300 (no vat)

Probate Registry fees per copy of Grant: £16 (no vat)

UK Bankruptcy Search fees per beneficiary: £9 plus vat (at 20%) of £1.80 – Total £10.80

Land Registry Search fees per property: £10 plus vat (at 20%) of £2 – Total £12

Statutory Notice fees – London Gazette estimate: £99 plus vat (at 20%) of £19.80 – Total £118.80

Statutory Notice fees – Local newspaper estimate: £160 plus vat (at 20%) of £32 – Total £192

Note: Each case will have a specific quote and the disbursements will depend on the particular circumstances. The above is given for illustrative purposes only.

Probate – Key Stages

The precise stages involved in the administration of an estate vary according to the circumstances. However, below we have set out some key stages that are common to most cases.

We will carry out the following to obtain a grant of representation to administer the estate:

• Take instructions and give initial advice on terms of Will or intestacy;
• Ascertain the assets and liabilities of the estate (by writing to the banks, portfolio managers, insurance companies, HMRC, utility companies, or arranging valuations of property and chattels etc);
• Calculate any taxes due and prepare the relevant Inheritance Tax forms, if any;
• Arrange payment of Inheritance Tax from assets, if possible;
• Prepare the Legal Statement and apply for the grant at the Probate Registry;
• Arrange legal notices;
• Collect in the assets;
• Pay liabilities, taxes and administration expenses;
• Sell assets, if necessary, to realise cash for the purposes of the administration;
• Transfer assets if requested to those entitled;
• Make corrective returns to HMRC if required;
• Produce estate accounts; and
• Provide statements of income and income tax paid to you if appropriate.

Additional Fees

We set out below a few examples of when additional fees may be incurred:

• An intestacy where there is a need to ascertain beneficiaries;
• There are questions over the validity of the Will or its interpretation;
• If there is a belief that the deceased had assets the details of which are not easily ascertainable or assets\liabilities are discovered after the submission of the IHT account;
• Where there are a number of assets (generally in excess of 10, including shareholdings not held by a brokers nominee company);
• If Business Property Relief and or Agricultural Property Relief applies;
• Where there may be issues with creditors;
• Where there are more than 10 pecuniary legatees;
• Where there are more than 5 residuary beneficiaries;
• HMRC undertake a compliance check;
• Advice is required on IHT and CGT mitigation; and
• If a dispute arises between beneficiaries or a claim is made against the estate for a share.

Time Frame

There are a number of factors which affect how long it may take to administer an estate.

If no IHT is payable and the estate is a fairly simple one based entirely in the UK:

From the date of instruction it generally takes 4 to 8 weeks to ascertain the assets and liabilities and other information relevant to the Grant application. Some institutions are slower at providing the necessary information than others and this will have a bearing on the timescale.

Once that information has been collated, the Legal Statement will be prepared, the executors or administrators will need to confirm the accuracy of that Statement and then sign it, that usually takes 1 to 2 weeks.

The Legal Statement is then submitted to the Probate Registry.

The Probate Registry may take up to 16 weeks to issue the Grant.

Therefore, to receipt of Grant it may take up to 6 months from date of instruction.

If IHT is payable:-

From the date of instruction it generally takes 4 to 8 weeks to ascertain the assets and liabilities and other information relevant to the Grant application. Some institutions are slower at providing the necessary information than others and this will have a bearing on the timescale.

Thereafter it usually takes 1 to 2 weeks to finalise the IHT application confirm with the executors or administrators of the estate that they have no questions and agree the application is correct and sign the IHT form(s).

HMRC take between 4 to 5 weeks to process the IHT application and issue the code that is required to apply for the Grant.

Upon receipt of that code the application for the Grant can be made, that usually takes 1 to 2 weeks since the executors or administrators will need to confirm the accuracy of the Legal Statement and sign it.

The Legal Statement is then submitted to the Probate Registry.

The Probate Registry may take up to 16 weeks to issue the Grant.

Therefore, to receipt of Grant it may take about 8 months from date of instruction.

Once the Grant is received it tends to take 4 to 8 weeks to realise the assets unless there is property is to be sold.

Upon realisation of the assets, the liabilities will be paid, including any further inheritance tax and thereafter the legacies and interim distributions made to residuary legatees.

The legacy payments and first distributions can usually be made within 2 to 3 months of receipt of the Grant.

Once all the assets have been realised and the liabilities paid a Corrective return may need to be made to HMRC (if significant changes come to light in the course of the administration then the changes may need to be notified immediately).

If there are no changes to notify then the estate can be wound up, final Estate Accounts produced and distributions made. 

Delays may be caused by matters outside our control, for example, by:

• Financial institutions failing to respond to requests for information;
• Recipients of lifetime gifts not providing the information required;
• Executors or administrators not responding to correspondence or signing documentation promptly;
• Issues with payment of IHT on application for the Grant;
• Market conditions,  relating in particular, to the sale of property;
• Backlogs at the Probate Registry; and
• HMRC not dealing with the Corrective Account promptly.