Our Probate Services

What is a Grant of Probate?

A Grant of Probate is a legal document that gives the executors of the Will the authority to deal with assets such as bank accounts, investments and property. If the deceased did not leave a Will behind, or if the Will is disputed, probates can become complex, and problems can arise.

What is an executor?

An executor is the person or people named in a Will responsible for managing the deceased person’s estate. Executors have a legal duty to act in the best interests of the estate and its beneficiaries, ensuring that the deceased’s wishes are carried out correctly and efficiently. If no Will is present, an administrator may be appointed to perform similar duties. They must:

• Calculate how much the estate is worth
• Apply to the Probate Registry for a Grant of Probate
• Pay inheritance tax before they receive the Grant if the estate is large enough
• Deal with the assets, closing accounts, transferring assets, dealing with property and pay off debts
• Distribute the remaining assets according to the Will.

Is a Grant of Probate always required?

A Grant of Probate is not always necessary. There are many different factors, but a Grant of Probate will usually be required if the deceased:

• Had property in their sole name or as tenants in common
• Had savings of more than £15,000 and shares in their sole name worth over £5000
• Left a valid Will — if not, a Grant of Letters of Administration will be required instead.

Do I need to use a solicitor for probate?

We often hear from clients who underestimated the amount of work involved with probate. It is up to the executor(s) to decide if they have the time and patience to deal with a notoriously frustrating process, in addition to the financial responsibility. If you manage a probate yourself, you will be financially responsible for any errors you make. HMRC is taking a hard line against errors in forms that cover inheritance tax. If you make a mistake, the penalties can be harsh.

The executor will be expected to settle any unpaid debts and may find themselves faced with reams of paperwork and legal jargon at a time when they are trying to cope with grief. Many people decide to save time, money and stress by employing a probate solicitor to do the complex work for them.

How long does the probate process take?

The timescales for dealing with a probate matter can vary greatly.

The first step is to value the assets in the estate. Typically, this can take one to three months, depending on how responsive the asset holders are. Next is the application for the Grant of Probate or Letters of Administration to determine whether inheritance tax is due, if the application can be submitted online, and which Probate Registry will process the application. At best, the Grant will be issued within a month of the application. If it is a complicated estate with tax due and Newcastle Probate Registry has to deal with the application, it can take up to four months, even if no queries arise on the application.

Once the Grant is available, the assets and debts can be processed. That depends on whether a simple closure of a UK bank account is required or whether there are more complicated assets, such as overseas assets or rental property to sell. Typically, we expect the administration phase of a simple estate to take one to three months. For complicated estates, we may be delayed by third parties — US or Canadian share registrars, arranging for a resealing of the Grant to deal with Channel Island or Isle of Man or overseas assets, waiting for a buyer to be found for a property — so the administration phase can take many months in these instances. Even so, we are practised at encouraging third parties to move quickly and very few estates take more than 18 months to complete.

As every estate is different, it is best to talk to us for a time estimate specific to the circumstances of your estate.

What will I pay for probate solicitor fees?

Here are a few examples of what we charge for probate to give you a better idea. Note: In these examples, we changed names and some details to protect confidentiality.

A Simple Matter — Mr George

We charged £2,500.00 plus 20% VAT and the Probate Registry application fee of £273.

Mr George was 78 when he passed away, and three weeks after his death his wife asked us to assist in the Grant of Probate to his estate. This was a simple matter handled by an experienced legal executive. We received the Grant a little over four months after being instructed. Our bill was £2,500.00 plus VAT at 20%, and disbursements were the Probate Registry fee of £273.

The reasons the bill was relatively small were:

• His house was jointly owned with his wife, so no conveyancing was necessary.
• No inheritance tax was payable.
• The assets we had to collect and distribute were from five savings accounts (including ISAs and Premium Bonds). He also had one joint savings account and two joint bank accounts with his wife. These assets had an approximate value of £203,000.00
• There were only three beneficiaries, including Mrs George, and there were no trusts or other complexities involved.
• Mrs George was prompt in her correspondence with us, and she quickly provided us with the information required.
• In addition to our fees, a probate application fee was paid to the Probate Registry of £273.00. This would be the same at any firm.

A Typical Case — Miss M Bennett

We charged £11,925.00 plus 20% VAT and the Probate Registry application fee of £273.

We had known the family for some years and were saddened to hear that one of the sisters had passed away at the age of 83. The family approached us to apply for the Grant of Probate and to administer the estate. Because of the property sale involved, this took a little over two years to complete.

We estimated that assisting the family in dealing with the estate would cost up to £15,125.00* plus VAT at 20% and the Probate Registry fee. This cost estimate was based on the number of hours we assessed it would take (55 hours) and the hourly rate of the solicitor leading the matter (£275.00* + VAT at 20%).

The time estimate was based on our need to:

• Establish the assets and liabilities in the estate, which included 15 banks, building society and savings accounts, government departments and Miss Bennett’s chattels.
• Encash the assets across the same 15 organisations and pay any liabilities, including valuations, funeral costs and property clearance and cleaning.
• Prepare an IHT 400 and liaise with the Capital Taxes Office.
• Prepare and swear oaths and apply for the Grant of Probate.
• Liaise with HMRC and prepare the tax returns to the date of death and for the administration period.
• Prepare the estate accounts and deal with the residue, distributing this to three beneficiaries.
• Arrange for the sale of the property (completed through our firm but as a separate matter with our fees for the conveyancing being paid from the sale monies).

A Complicated Case — Mrs Montgomery

We charged £40,500.00 plus 20% VAT and the Probate Registry fee of £273.

Our Managing Director and one of our private client solicitors administered the complex estate of Mrs Montgomery. Mrs Montgomery’s estate, valued at over £2.7 million, included a portfolio of bonds, shares and other investments, savings accounts and ISAs, several properties some of which were generating rental income, bank and building society accounts, pensions and life insurance policies.

Mrs Montgomery’s wishes were for specific legacies and residuary elements of her estate to be distributed to charities, friends, and family which took over two and a half years to complete. A substantial part of this involved selling property assets and tracing assets and trustees.

Due to the complex nature of this matter and the request to provide a fixed fee, we charged a percentage of the estate’s gross value. The percentage agreed with all the beneficiaries was 1.5% of the estate’s value plus 20% VAT. We needed to:

• Establish the assets and liabilities in the estate
• Encash the assets and pay any liabilities
• Prepare an IHT 400 and liaise with the Capital Taxes Office over the payment of Inheritance Tax
• Prepare and swear oaths and apply for the Grant of Probate
• Liaise with HMRC and prepare the tax returns to the date of death and for the administration period
• Prepare the estate accounts and distribute the specific and residual elements of the estate
• Trace missing assets
• Deal with substantive issues on several trusts
• Deal with delicate issues between beneficiaries
• Deal with Inheritance Tax instalment payments.

* The fees have been updated to reflect our current charges as of 6th January 2024.