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- Unlimited time to discuss your probate matter with a specialist probate solicitor
- An outline of your legal position in your probate matter
- A clear fee-quote and time frame for your probate case
Commonly asked questions on probate.
Losing a loved one is one of the most emotionally difficult things you will ever have to go through, and the last thing you want to think about is organising the distribution of their estate. However, although it’s hard to think about, it’s of the utmost importance that it’s done right. Therefore, our solicitors have answered some of the most common questions surrounding the subject to help you ensure you deal with probate correctly.
1. What is probate?
In simple terms, probate is the process of legally validating the deceased’s will and dealing with their estate. Dealing with the deceased’s estate generally means distributing their assets and clearing any outlying debts.
Generally, when the deceased leaves a will, the named executor in the will is the person who can apply for probate.
2. What if someone dies without a will?
If somebody dies without a will, any assets of the deceased’s estate which aren’t accounted for will follow the intestacy rules. The intestacy rules will only allow a deceased’s estate to be inherited by someone of close relation to them. For example, only the deceased’s spouse/civil partner and a few other relatives can inherit under these rules.
However, when there’s no will, you may ask who can apply for probate because there’s no named executor. In this circumstance, the person who can apply for probate is the most ‘entitled’ inheritor under the intestacy rules. The most entitled inheritor is the person who stands to inherit the most under the intestacy rules. For example, if the deceased was married, their spouse would be the most entitled inheritor and the person who can apply for probate.
For more information about intestacy, please visit our intestacy page.
3. When is probate required?
On average, around 50% of deaths in the UK require probate. When understanding whether or not probate is needed, there are two questions you need to ask yourself, which are:
1. What’s the value of the estate?
In an instance where the estate’s value is below £50,000, it’s likely that you don’t need to apply for probate. When an estate is valued below £50,000 it can be classed as a ‘small estate’, which means many banks are willing to release the funds and assets without seeing a formal grant of probate.
2. Are any assets jointly owned?
When assets in an estate are jointly owned, the assets will automatically pass to the surviving co-owner. Therefore, in this case, you won’t need to apply for probate, you’ll just need a copy of the death certificate. However, you may still need to apply for probate in some circumstances. For example, if some of the assets were solely owned by the deceased, such as pensions.
If you are unsure whether you need to apply for probate, please call one of our specialist probate solicitors on 020 3007 5500, and we can help.
4. How do I apply for probate?
When you’re looking to apply for probate, there are several steps you need to take before completing the application form. These steps include:
1. Check to see whether you need probate. For example, probate may not be needed if any assets are jointly owned or if the estate’s value is below £50,000.
2. Check to see whether you can apply for probate. If there’s a will, you can only apply for probate if you’re named as an executor. In a circumstance where there’s no will, you can only apply for probate if you’re over the age of 18, and you’re the most ‘entitled’ inheritor of the deceased’s estate under the intestacy rules.
3. Get an estimate and report the estate’s value. You will need to get all the assets in the estate valued.
4. Find out whether there’s any inheritance tax to be paid. You will need to pay inheritance tax in some circumstances, for example, if the estate’s value exceeds £325,000.
5. Retrieve a copy of the original will if you’re an executor (you don’t need to do this if you’re an administrator). In addition, you must also have a copy of the original death certificate or an interim death certificate from the coroner.
When you have taken these steps, you will need to complete the correct probate application form. If there’s a valid will you will need to complete a form PA1P. However, if there’s no valid will you will need to complete a form PA1A.
5. How much does probate cost?
It’s difficult to provide an accurate price estimate for your probate case as each case is different. The price is affected by factors such as: whether there are doubts over the will’s validity, the quality of the financial records left by the deceased, whether the estate holds overseas assets, among other factors. Regardless of these factors, our probate solicitors charge at a rate of £250 – £300 + VAT per hour, and the time it takes to achieve a grant of probate and settle the estate usually takes at least ten months.
To give you an idea of cost, a simple uncontested probate will cost in the region of £3,950 + VAT for 13 hours of work. This price is based on an estate valued at below £325,000, which consists of standard assets (house, cash and personal possessions) that are all based in the UK with a small number of beneficiaries.
Disbursements and third party costs such as the probate application fee (£155) are not included in the above price.
6. How long does probate take?
A straightforward probate matter will take a minimum of ten months to approve the grant of probate. However, for more complicated probate cases, which involve complex assets, the time it takes to get a grant of probate can take at least 1-2 years.
7. Do I need a solicitor for probate?
In some cases, probate may not be needed. However, in circumstances where the estate is more complicated, it’s best to seek legal help from a specialist probate solicitor. Examples of when you should use a probate solicitor include:
- If the value of the estate is over £50,000.
- The terms of the will are unclear.
- Part of the estate is going to pass to a beneficiary below the age of 18.
- The deceased owned land or property abroad.
- If anyone is likely to contest the will.
If you decide to instruct a solicitor, legal fees can be paid from the estate.
To contact one of our probate solicitors, please call us on 020 3007 5500.
Probate: fees and work.
Probate fees and services can be highly variable, but at Britton and Time, we strive to make our pricing as clear as possible. The below information and examples will tell you how much you can expect to pay for your matter.
1. Probate costs
| 1. Help with a DIY grant of probate | |
|---|---|
| A 2-hour meeting to sit down with a private client solicitor. Includes a of review your application forms, inheritance tax forms and answers to any questions regarding supporting documents you may need.
Suitable for all estates |
£500 + VAT |
| 2. Applying for a grant of probate on your behalf | |
|---|---|
| Estates not required to pay inheritance tax
Suitable normally for estates below the nil-rate band threshold of £325,000 or £650,000 |
£750 – £2,000 + VAT + disbursements |
| Estates required to pay inheritance tax
Suitable for estates exceeding the nil-rate band threshold of £325,000 or £650,000 |
£1,500 – £3,000 + VAT + disbursements |
| 3. Full estate administration | |
|---|---|
| A full-service option where we complete everything involved in probate for you. Includes registering the death, application for the grant of probate, inheritance tax calculations and distributing the estate to beneficiaries.
Suitable for all estates |
Charged at £150 – £250 per hour + VAT + disbursements. Hourly rate depends on who is working on your matter
Typical end-to-end charges total 1 – 4% of the overall estate with a minimum fee of £2,000 + VAT + disbursements |
2. Hourly rates
Depending on who is working on your case, our hourly rates are as follows:
Senior solicitors £400 plus VAT per hour
Solicitors £275 plus VAT per hour
Trainees and paralegals £175 plus VAT per hour
Administration £150 plus VAT per hour
Charges are made in increments of 1/10 of an hour, or for every 6 minutes spent on your matter, rounded up.
3. Work involved
Going through probate or estate administration can be complicated, but our probate solicitors try to simplify the process. Our probate services include:
Documentation and preparation
- Initial consultation to talk you through probate and what is required
- Registering the death if required
- Preparing figures and documentation for the grant of probate application and completing the PA1P form
- Locating and verifying the deceased’s will if there is one
- If there is no will, identifying and notifying beneficiaries
- Submitting the application for the grant of probate and obtaining the grant
- Placing ads in relevant publications for creditors to come forward and settle any outstanding debts against the estate
Inheritance tax
- Identifying and calculating any inheritance tax due
- Claiming any unused nil rate band or other relevant tax reliefs and exemptions
- Obtaining valuations of the deceased’s estate
- Completing the required inheritance tax forms for HMRC and corresponding with them on your behalf, including correcting any issues
- Ensuring any inheritance tax due is paid
Administrating the estate
- Liaising with the beneficiaries of the estate and updating them on progress
- Corresponding with any financial institutions or organisations that may hold financial information about the estate and gaining the relevant information where required
- Arranging for the payment of any debts that are outstanding against the estate
- Arranging the transfer of any jointly held assets to a single owner
- Liaising with an estate agent and conveyancer on behalf of the estate to organise the sale of any properties
- Updating insurers on the status of any properties in the estate
- Preparation of estate accounts
- Distributing the estate to all beneficiaries who can be found, and holding the estate on trust for any who cannot be contacted
Where we are required to appoint a third party on behalf of the estate, for example an estate agent, any fees charged by the third party are not included within our fee quotes.
4. Factors affecting costs
The cost of probate and estate administration don’t depend on the size of the estate. Instead, fees are determined by how complicated the estate is to administrate, and what’s in it. Normally, the larger the estate is, the more complicated it is, but that isn’t always the case.
As a guideline, an average estate worth £325,000 with a house, cash savings, NS&I savings and 2 beneficiaries would normally cost £3,950 + VAT + disbursements to administrate.
Below is a list of the most common factors which may affect the fees incurred by your probate matter:
Factors affecting the cost of probate
- Type of assets within the estate and where they are based
- If the deceased passed away in the UK or abroad, and when this was
- Where the deceased is domiciled
- If a will exists, whether or not it can be located and if so, whether it is valid
- Whether the executors named in the will are willing and able to act
- If inheritance tax is payable by the estate and if any reliefs or exemptions can be applied
- Whether the deceased left any gifts to charities
- If there any outstanding debts owed by the deceased or, conversely, any debts owed to the estate
- The level of correspondence required with third party organisations to gather the relevant information
- Whether the deceased kept good financial records
- The number of beneficiaries and whether or not they can be found
- Considering the impact of any trusts the deceased benefitted from, and any trusts created upon death
This list is not exhaustive.
If the will is challenged, or any form of inheritance dispute arises, probate fees may vary significantly from those listed above.
5. Disbursements and third party costs
Disbursements are fees paid to third parties such as the government and courts. There are a number of disbursements and third party costs, both mandatory and optional that must be paid during probate:
| Disbursements | |
|---|---|
| Probate registry fee Mandatory |
£155 (no VAT) |
| Financial asset search Mandatory |
£155 + VAT |
| Additional copies of grant of probate Optional |
£1.50 (no VAT) per copy |
| Statutory advertisement in London Gazette and/or local equivalent Mandatory |
£73.20 – £300 + VAT |
| Early distribution insurance Optional |
From £150 + VAT |
| Third party costs | |
|---|---|
| Probate registry fee Mandatory |
£155 (no VAT) |
| Financial asset search Mandatory |
£155 + VAT |
| Additional copies of grant of probate Optional |
£1.50 (no VAT) per copy |
| Statutory advertisement in London Gazette and/or local equivalent Mandatory |
£73.20 – £300 + VAT |
| Early distribution insurance Optional |
From £150 + VAT |
Please note that disbursement fees and third party charges may change from time to time.
6. How long will probate take?
How long the whole probate process takes is dependent on whether or not you are simply applying for a grant of probate, and how complicated the estate is.
On average, to apply for a grant of probate only will take around 4 to 6 months. This period will depend primarily on any backlogs the probate registry are facing, but also how promptly we can gather the required information for the probate application and inheritance tax forms.
For full estate administration and/or complicated estates, you can expect this to take 10-12 months or longer. The most common factors which delay estate administration include:
- overseas properties or beneficiaries
- having a larger than average number of bank or investment accounts
- setting up complicated trusts
These factors may affect the length of probate, but are not guaranteed to.
Need legal advice now from a probate solicitor in London or Brighton?
Tell us about your case and we’ll get back to you the same day.
Meet our expert wills and probate team.
Elisabeth Squires
Head of Private Client
Darian Wielink
Paralegal
Why Britton and Time Solicitors?
Probate law is our speciality, and our probate solicitors have worked on everything from distributing multi-million-pound estates to guiding clients on how to apply for the grant of probate correctly.
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You are our priority, and the law is our speciality. Our award-winning probate solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective so you can make a well-informed decision.
Full Billing Transparency.
No fee surprises. Ever. Our probate solicitors will inform you from the outset on how much your case will cost, and we will do everything in our power to keep costs down and within your original fee estimate.
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With fortnightly updates on your case, you’ll never be left in the dark. Our probate solicitors in London and Brighton ensure you know exactly how your case is progressing and are with you every step of the way.
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Need legal advice now from a probate solicitor in London or Brighton?
Call, email or provide us with a few details of your divorce, and we’ll be able to help you the same day.