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cost of probate fees

This article was last updated on 1 November 2020. 

Cost of probate and what are probate fees from a solicitor or specialist?

In this article we will explain:

  • what probate is and who it applies to
  • the cost of probate fees that apply and the probate application fee
  • when probate may not be required
  • we answer the question “how much does probate cost” and what the average cost of probate is in the UK
  • we look at how much money before probate is required
  • the pitfalls of doing it yourself
  • where you can find a probate solicitor and probate services
  • the approximate fee for a solicitor to do probate

Topics that you will find covered on this page

 

What is Probate?

Probate is where you apply for the right to deal with the affairs of a person who has died.

‘Probate’ is used to describe both the Grant of Probate and the process involved in obtaining a grant of probate

How does probate work?

Here is a short video explaining what probate is.

However, please note that the video references the new costs, whose introduction has been delayed by the government.  We explain what these are later down this page.

Do I need a solicitor for probate?

You do not need to get help from a solicitor for probate and estate administration, though it may be recommended depending on the complexity of the estate. You can either look to do things yourself, which is called DIY probate.  Alternatively, you can get help and advice from probate specialists, as the work will be similar but usually at a much lower cost. 

We can help you do probate yourself, and details are just below.

Why would I consider professional help with the probate process?

In some cases, it will be difficult for you to manage the estate yourself and you may need the services of a probate specialist such as a probate solicitor.

Probate solicitors will be experienced and will be able to help you navigate through what is a complicated process. Giving advice is an essential part of the probate services that they offer.

What is the first thing I should do after the death of a loved one?

If you are looking at what to do with probate following the death of a loved one, we recommend that you read our ‘Dealing with Bereavement’ guide, which sets out the all the steps you should take.

How much does probate cost? 

The cost of probate is split between the fixed costs, which is the application fee, and the variable costs, which are whatever the solicitors charge or the costs of the specialist you use, whether that be a solicitors fees for probate, or a probate professional or a bank.

The fixed fee can range from £155 and the variable fee can range from about 2% to 5% of the value of the estate. For an estate worth £100,000, the variable costs will range from £2,000 to £5,000 plus VAT.

Cost of probate fees – a detailed breakdown:

We have broken down the costs involved with probate and the different type of professionals that can help you.

How much is the probate application fee in England and Wales?

The probate application fee that is payable for applying for a grant of probate depends on the value of the estate.

  • If the value of the estate of the deceased person is over £5,000 (once the funeral costs and debts have been paid), there is a flat-rate fixed fee of £215 for applications made by an individual; or
  • £155 for grant of probate applications made by a probate solicitor or probate specialist
probate fees

"The cost of probate is split between the fixed costs, which is the application fee, and the variable costs, which are the costs of the specialist you use, whether that be a solicitor, probate professional or a bank."

What is the approximate fee for a solicitor to do probate?

  • Probate solicitors fees are usually calculated as between 2% to 5% of the value of the estate, plus VAT.  Therefore, if your estate is valued at £500,000 then the solicitor’s costs will range from £10,000 – £25,000 plus VAT. Therefore, with VAT at 20% this will increase these costs to £12,000 and £30,000.

How much does professional help with the probate process cost?

The fees for probate and estate administration can vary widely depending on who does it, whether that be a solicitor, probate specialists or a bank. The cost for these range between 2.5 to 5% of the value of the estate.  More detailed information on each of these options can be found below. 

Whether you use probate solicitors or professionals, they typically charge either an hourly rate, fixed fee or can charge a fee that is a percentage of the value of the estate.

However, if the value of the estate is low and the estate is relatively uncomplicated you can keep the costs of probate low by applying for it yourself.

What is the cheapest way to get professional help with the probate process? 

It can be cheaper to use a probate solicitor when compared to a bank, however, a probate specialist is likely to be even cheaper. Solicitors charge anything from £100 per hour to £300 per hour.  

How much does a probate solicitor cost? 

Solicitors’ probate fees are usually calculated as between 2% to 5% of the value of the estate, plus VAT.  Therefore, if your estate is valued at £500,000 then the solicitor’s total probate fee will range from £10,000 – £25,000 plus VAT. Therefore, with VAT at 20% this will increase these costs to £12,000 and £30,000.

A solicitors’ hourly rate will vary depending on the level and experience of the staff member doing work on your case.

probate solicitors

"Probate, the process of dealing with someone’s estate (property, possessions, cash, savings) when they pass away, can be applied for without seeing a lawyer, but it’s not without risks. "

How much are fixed fee probate solicitors?

There are some fixed fee probate solicitors that charge a set amount for their service.   It is advisable to get a probate quote from a few fixed fee probate solicitors so that you can compare their prices.

If the estate is worth over £325,000 and Inheritance Tax is payable then the solicitor would ask for more information in order to determine the value and complexity of the estate.   They would then quote a fixed fee based on the information given.

However,  the probate quote from fixed fee probate solicitors is always subject to change if the information is given wrongly or new complexities arise.

How much does it cost to use a bank for probate services?

Banks  tend to be more expensive than using probate solicitors or specialists. Banks typically charge a higher rate of around 4 % to 5% of an estates value, plus VAT.

Our view is that you should use a probate specialist rather than your bank for probate services.

Why do professional probate costs vary so much?

More complex cases involving more hours of work or those with unexpected complications can make the probate charges much higher. This is especially the case where you are paying an hourly rate for the work. A contentious probate (click here to read more about what this is) can make these costs even higher.  

How can I work out how much the probate process will cost for my estate or the estate I am the executor of?

It is advisable to contact a few companies for quotes to get an idea of average probate service will cost and the hourly rate of their staff.

Many firms will ask you to complete a detailed fact-finding questionnaire before they start the work so that they can give you an idea of the likely costs.  

However, it is often not possible to know immediately what may be involved and how much advice and help is needed. 

Keep in mind that the cost of probate is usually paid from the estate so you won’t have to worry about getting into financial difficulties.

how much does probate cost

Do you have a probate fees calculator?

One of the areas that we often get asked about is whether we have a probate fees calculator, to work out how much the service is likely to cost.  At present this is not something that we currently have, but we are developing this. Therefore, we will launch a probate costs calculator in due course.

Who offers the best value for money?

As you can see from above, there are 3 types of service that can support you with probate and estate administration. They all do exactly the same thing but the costs vary significantly.

If we take the example of someone with an estate of £300,000, without including disbursements, as they would all charge similar for this, this is how the costs would break down.

  • Using a bank with a 5% fee = £15,000 plus VAT at 20% (£3,000). The total cost would be £18,000 plus disbursements
  • Using a solicitor charging 3.5% = £10,500 plus VAT at 20% (£2,100).  The total cost would be £12,600 plus disbursements
  • Using a Probate specialist, charging 1.99% = £5,970 plus VAT at 20% (£1,194).  The total cost would be £7,164 plus disbursements.

As you can see the difference in fees for probate between using a bank and a probate specialist is extraordinary.  A probate specialist is more than half of the price of a bank and still significantly cheaper than a solicitor’s probate fees.  The key thing to remember here is that all three provide the same type of service.

In our experience, using probate specialists or solicitors will often also mean you get a more personal service. In addition, specialist and solicitors probate fees for probate will be much cheaper.

What else do I need to consider in getting help with the probate process, other than cost?

Beyond the cost for the service, it is also important to find a solicitor who is approachable and sympathetic, and whose advice you understand.

It is possible to keep the probate cost down by doing some of the work yourself. Also, ask to keep correspondence down to only that which is essential as the charges for sending letters quickly add up.

No upfront costs |  Fixed fees for peace of mind | 3 different levels of help available

The UK Care Guide has partnered with Trust Inheritance, one of the UK’s leading probate specialists, to bring you a cost-effective and premium level probate service.  Trust Inheritance have won awards for their customer service and this is a key reason as to why we have partnered with them.

We realise that for many it is essential that probate is completed quickly.  That is why their dedicated service is designed to speed things up as much as possible for you and consequently reduce the time it takes for probate to be completed.

The support can be broken down into 3 options:

1 – Give me a little help

2 – Give me lots of help

3 – Do it all for me

This allows you to choose how involved you want to be in the probate process and how much support you want.  This really is one of the most flexible services that we have seen.

Option 1 – “Give me a little help” – fixed fee probate

Who is this option best for

This option allows those who want to do as much as they can themselves, safe in the knowledge that there is a specialist on hand to help throughout the process.

What help is provided

This is an in-depth, comprehensive, online ‘Do it Yourself’ service, giving you everything you need to ensure you have dealt with the estate in line with your responsibilities and liability as a personal representative; while being supported throughout by our award-winning team of specialist Bereavement Advisers.

This toolkit can be used whether a Grant of Representation (also known as the Grant of Probate, Administration or Confirmation) is required or not, even if a Will was not left.

Option 2 – “Give me lots of help” 

Who is this option best for

This option would suit someone who is busy with work or family life and still wishes to retain control of dealing with the estate. It would also suit those who are not familiar or confident with legal documents.

What help is provided

In addition to all the benefits of those in option 1 above, we will also Fast Track the Grant of Representation application.

As we are a Trust Corporation, less information is required by the Courts when we apply for the Grant on your behalf.

This means probate court fees are reduced saving money against the estate and crucially, the Grant is expedited and issued within weeks of application, rather than months; quickly freeing up funds to cover costs and expenses, as well as allowing interim payments to be made to those who are due to benefit much sooner.

Option 3 – “Do it all for me” 

Who is this option best for

This option is ideal for those who do not feel comfortable with the processes and what is involved when dealing with an estate, or for those who simply do not have the time available to them.

What help is provided

Simply hand everything over to a specialist. You will be assigned a Solicitor, who will deal with the entire matter for you and will be on hand throughout. They will cover everything needed (including getting you the reduced probate court fees) in order to finalise the Estate Administration and to ensure your legal responsibilities are adhered to.

What you need to do next – Book a free consultation or call them now

You may already know which of the three options is best suited to your circumstances.  However, we also recognise that this is likely a difficult time for the family and that you may not know what you want to do.

Therefore, please do get in touch for a free consultation to talk you through your options, what you need to do next and what help we can provide.

Speak to someone to get the support and help you need with probate.  Here is how:

1 – For free initial advice call a probate specialist now on – 0800 840 1187

2 – Book an appointment for a call with a probate specialist 

3 – Leave your contact details, and someone will get in touch

Book an appointment

Leave your details or call us now

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We work with with Trust Inheritance for them to bring you their market leading Probate support. They offer a range of support giving you full control of how much or little you want to do.  

If you would like some help, please leave your details below and someone will be in touch.

Or you can call them directly on 0800 840 1187

cost of probate

Where can I find a solicitor to help me with probate?

If you are in England or Wales, you can visit the law society website, which has a directory to help you identify solicitors that may be able to help you.

How can I find a local probate service?

Typically you will try and get help from either a probate solicitor, probate specialist or the bank of the deceased when you are about to start the probate process. People will often type ‘probate service near me’ but normally you will find that national probate service providers will only put you in touch with a local probate specialist or solicitor.

Therefore, we are able to help you find the right local service. See the bottom of the page.  

The most common questions related to Probate:

What is the Grant of Probate?

A ‘Grant of Probate’ is a legal document which proves they have the authority to manage the estate.

What if the person did not leave a will?

If the person didn’t leave a will, a close relative of the deceased can apply for a ‘Grant of Letters of Administration’ – this is also referred to as ‘probate’, and once you have one, it operates in basically the same way as a grant of probate. This is discussed further below.

When do you need a grant of probate?

In England or Wales, a Grant is usually needed if the deceased’s estate value is worth over £5,000 (once debts and the funeral costs have been paid); owned stocks or shares or had property or land in their own name.

A Grant is not needed if the person who died held all their assets jointly with another person as everything would automatically pass down to the surviving joint owner.

how much money before probate is required

What are Grant of Letters of Administration?

If the person who died did not leave a will, a close relative of the deceased can apply to the probate registry for a ‘Grant of Letters of Administration’ to manage the estate.  

This is also referred to as ‘probate’ because, for all practical purposes, the two types of grant are identical.

When do you need a Grant?

A Grant of Probate is usually needed when the person who died leaves one or more of the following:

  • Estate value of £5,000 or more
  • stocks or shares
  • property or land held in their own name or if the spouses each own a separate share of the property – called ‘tenants in common

When do you not need a Grant?

A Grant is not needed if the person who died held all their assets jointly with another person as everything would automatically pass down to the surviving joint owner.  However, some financial organisations may require a grant before giving you access to even a small amount of money on the person’s credit card.

How long does probate take?

  • Probate can take up to a year or even longer if you are dealing with a complicated estate or a contentious probate
  • You have to wait until all claims have been received before you can start dealing with the estate administration
  • Anyone wishing to make a claim against the estate has 6 months from the date when probate was first granted
  • Any disputes must be sorted out before the affairs of the person who died can be settled
  • Inheritance Tax needs to be paid to HMRC once the estate has been settled if it is worth over the inheritance tax threshold of £325,000. You can click here and read about how to avoid paying IHT.

What factors affect how long the probate process will take?

How long probate takes can depend on a number of factors, such as:

  • Arguments between family members, beneficiaries or personal representatives can cause delays. Any disputes must be sorted out before the affairs of the person who died can be settled.
  • Whether the financial affairs of the person who died were in order;
  • What the person who died owned and where it is;
  • Whether the person who died had an interest in a business or a farm;
  • What the will or the rules of intestacy say;
  • Whether there are any legal disputes (claims against the estate or claims by the estate);
  • Whether inheritance tax needs to be paid; and
  • Making sure that all HM Revenue & Customs files are closed and that matters relating to income tax, benefits agencies and pensions have been sorted

How long does it take to receive the inheritance?

Probate can take some time.  In our experience, it can take between 6-9 month to receive your inheritance after probate is granted. The process is likely to be quicker if you use probate services, as this avoids unnecessary delays.

probate fees uk

How is the cost for probate met?

The cost of probate is usually paid from the estate, including registering with the probate registry and probate services.

How much money before probate is required?

How much money before probate is required can range from anywhere between £5,000 and £50,000. Often this will depend on which banks and financial institutions are holding the deceased person’s assets or their credit card.

However, probate usually won’t be needed if the person that dies owned very little, although it is hard to say exactly what the threshold for Probate would be, as it depends on the financial service provider.

It’s generally considered that if everything the deceased person owned is worth less than £15,000 then Probate won’t be required, but this isn’t true in every situation. This is because each financial institution has their own limit that determines whether or not Probate is needed. This ranges from £5,000 to £50,000, and you have to contact the credit card company to find out their specific rules. 

Therefore, some banks might say that Probate is required if there is £30,000 being held in an account, whereas others might say that Probate is needed if the entire Estate is worth £30,000.

What if the amount of money the person had is less than the amount requiring probate?

In this situation, you need to contact the bank and let them know that the person has died. If they do not need a grant of probate, they will generally at least need a death certificate and some ID. This is to make them sure that you are the person entitled to deal with the account.

 
probate solicitors near me

How do I access the deceased’s bank account and credit card?

What is required depends on if the size of the estate is above the threshold.Usually before the administrator or executor can access the credit card or bank account of the deceased, they will need to provide the bank with the grant of probate to prove that you are entitled to administer the estate. The rules for different banks vary, and some may want to see a death certificate too. 

When is probate not required?

When someone passes away, it is not automatic that you need to go through a probate process.

An estate that has a low value or is made up of assets that were jointly owned does not normally need to be dealt with through the probate registry.  Probate is not required usually required in the following circumstances:

  • Property held as joint owners
  • Banks and building societies
  • Pensions
  • Life insurance policies
  • Foreign assets
  • A business

Property held as joint owners

A property that has been held through joint ownership will not require probate.  This is because the property will pass to the surviving owner under the laws of survivorship.

One area that causes confusion is the difference between tenants in common and joint tenants. In some cases, you will require a grant of probate in order for the deceased’s share to be transferred to the beneficiaries.

Banks and building societies

If there was a bank or building society account that was held in joint names that you will not need to go through the probate registry.  However, you will still have a responsibility to inform them of the death so that they can update their records and turn the account into a single account in the name of the person that is still living.

Pensions

If the deceased was in receipt of a pension you should inform the pension scheme or pension provider straight away.  They will then arrange for any pension payments to cease and to inform you if there are any surviving spouses pension payable.

Life Insurance policies

If the life insurance policy had been set up so that any payment was made to a named beneficiary then probate will not be required.

However, if the policy had no named beneficiary then the payment will be made to the estate.  Whether probate is subsequently required will depend on the value of the policy payout. If you are confused, you should consider using probate services. 

Foreign assets

If the deceased had foreign assets then you will need to check with the country where the assets are held to determine what their equivalent probate process is.  It is always advisable to seek the advice of a local specialist to that country as they will be able to deal with the whole process for you.

Businesses

If the deceased was a director or owner of a business then you should take advice from a professional service when it comes to administering their business affairs.

You may find that the personal assets of the deceased do not require probate but their business assets might.  You can contact one of the phone numbers on this page for some help and advice if you feel this situation applies to you. A professional service will know more about the legal area, so will be able to help.

Beneficiary of a trust

If the deceased was a beneficiary of a trust you will need to take care when looking at how their assets are to be treated.

Unfortunately, when it comes to trusts it is not always a simple case of closing it down and distributing it. As such, you might need advice from a professional service.

Is there a probate spouse’s exemption?

The surviving spouse is not automatically exempt from the probate process, as it will depend on what the assets are and the ownership structure of these assets.

If the assets were in solely in the name of the deceased person then you might find that probate is required even if everything is being left to the spouse.  However, if the assets were in joint names, then depending on how the ownership is structured, it may be possible to transfer the assets to the surviving sole person without the need of going through the probate process.

How can I avoid probate?

Put simply, if your loved one has already passed away, then subject to the exemptions above, it is not possible to avoid probate if the estate is above the probate threshold.

However, if the person has not yet passed away then it is possible to plan and try and avoid the probate process. This is called Estate Planning (click here to read our article on how you can do this). You might save money in the long run by getting advice from a professional service about what to do with your estate.

solicitors fees for probate

What are the pitfalls of DIY probate? and why should you should use a professional?

With the huge increase in internet use and the wealth of information that can be found on it, more and more people are being tempted to deal with the administration of an estate themselves, without using probate services.

Probate, the process of dealing with someone’s estate (property, possessions, cash, savings) when they pass away, can be applied for without getting advice from a lawyer or probate specialists, but it’s not without risks.

Official statistics indicate that the number of claims against executors for breach of fiduciary duty (in other words “getting it wrong”) has more than tripled in recent years. There is speculation that this increase is linked to the rise in DIY probate.

There are various factors to consider before deciding whether or not to handle the process yourself, or to use probate services. These factors can include:

1 – Understand your responsibilities

Acting as an executor does not come without responsibilities. An executor is responsible for dealing with large sums of money, discharging debts and liabilities, some of which you might not know about and preserving the estate for the beneficiaries.

2 – The Will itself can be complicated

If it has been prepared by a lawyer then the will may include legal language which is based on law developed over hundreds of years.

What you think the Will says may be different to what it actually says. Many professionally drafted Wills contain trusts; to save inheritance tax, to avoid those who inherit paying care fees and to reduce the likelihood of potential disputes.

These types of trust can be complicated to administer and to understand all of the tax implications when deciding how to deal with them. If you have any confusion, you may need to use probate specialists.

3 – Understand your personal liability

An executor is often personally liable for compensating a beneficiary who has suffered a loss.

This may be due to the Will being misunderstood, a decision that has been made having a negative tax impact or assets in the estate losing value due to delay. These are a few of the many things that can go wrong when dealing with an estate. You can avoid this using a legal or probate service.

4 – Amending entitlements

Beneficiaries can look to amend their entitlement under a deceased’s Will after the death, under the current inheritance tax rules. This might not always be known or obvious to the lay executor or beneficiaries.

There can potentially be negative IHT consequences which can be addressed by such a variation and spotting this in time is crucial.

5 – Completing an Inheritance Tax return

If the value of the estate comes above the inheritance tax threshold, then a inheritance tax return will be required and the executors will need to account to HM Revenue & Customs for this. These accounts can be complicated even in what might appear to be the simplest estates.

The penalties for an incorrect return can also be severe. When was the last time you volunteered to complete a tax return?

6 – It can be time-consuming

Dealing with a person’s estate can be a time consuming business. An experienced lawyer will know the process well, so can give you advice and can get on with the administration of an estate efficiently on your behalf.

probate specialist

7 – Value independence

A lawyer is also independent and allows an executor to keep beneficiaries at ‘arms-length’ and can assist an executor in managing beneficiaries’ demands and any conflicts that may arise.

8 – Understand all the tax implications

Inheritance Tax should not be the only tax you consider when administering a person’s estate.

At various stages of the administration, there may also be capital gains tax (CGT) and income tax matters to take into account. In particular, there are often significant Capital Gains Tax savings to be made before selling a person’s home.

An experienced lawyer should identify these and help the executor and beneficiaries take advantage of these tax planning opportunities.

9 – Use a reputable lawyer

Finally, by using a reputable lawyer, an executor and the beneficiaries are afforded additional protection. The solicitor’s work will also include retaining any monies on behalf of the estate in a client account.

Solicitors are required to hold professional indemnity insurance are authorised and regulated by the Solicitors Regulation Authority (SRA).

As elderly client specialists, we are also able to add value for example by identifying cases where the money is owed to the estate for care funding which should have been met by the NHS and we can work to make a claim on behalf of the family.

In all but the most straightforward cases, it is important to seek timely specialist advice to save money and worry.

Executors carry a certain amount of personal liability in their role and they can open themselves up to substantial legal claims if they are unaware of the law and their obligations.

What should I consider when deciding whether I need help from a probate solicitor or not?

  • you can be held legally responsible for any mistakes in dealing with probate.  You need to ensure that all money owed to the Estate is paid and any debts owed by it are paid off
  • In England and Wales, you will need to consider whether any Inheritance Tax needs to be paid to HMRC once the estate has been settled.  Currently, the inheritance tax threshold is £325,000, however there are different rules depending on who stands to inherit and what they are inheriting.
  • Probate is a very time consuming and sometimes stressful process which can take weeks, or even up to a year in some cases, to complete.  This may be difficult to manage if you work full time and may impact on your free or family time. A probate service can therefore save you time and money.



Would you like some help with Probate?

Book an appointment in the calendar below

Or, leave your details below and we will contact you

 

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Would you like some help dealing with probate

We work with with Trust Inheritance for them to bring you their market leading Probate support. They offer a range of support giving you full control of how much or little you want to do.  

If you would like some help, please leave your details below and someone will be in touch.

Or you can call them directly on 0800 840 1187

Summary of this page

1 – How much does it cost to go through probate in the United Kingdom?

The cost will depend on whether you use a probate solicitor, probate professional or a bank. The cheapest is a probate professional. For it to be done properly the costs can typically be anything from £1,000 upwards.

2 – Who can help me through the probate process to make sure it’s done correctly?

Firstly, you are able to undertake the probate process yourself. However, most people prefer to get help. You can approach a solicitor or probate professional. The bank can help but they tend to be very expensive. We work with Co-op Legal Services if you need help to do things quickly and cost effectively.

3 – How much money before probate is required?

The threshold for Probate is usually around £15,000. However, this depends on which banks and financial institutions are holding the deceased person’s assets. Therefore we recommend you seek legal advice to check whether or not Probate is required.

4 – How long does probate take to do in the UK?

There is no fixed time for the probate process. However, it would typically take between 6 and 12 months. But there are many factors that impact this and when any potential inheritance is released. You can read more about these factors on our site.

5 – When is probate not required?

When someone passes away, it is not automatic that you need to go through a probate process. Estates that have a low value or are made up of assets that were jointly owned do not always require probate.

Meet the author

Rob Atherton

Rob Atherton

Rob writes and edits the content produced by the rest of the team. He has a degree in History from Leeds University and has producing, reviewing and editing the site since 2016

Meet The Team

Part of this content around the pitfalls of doing probate yourself was first published by Susan Glenholme, the Managing Partner for Debenhams Ottoway.

As well as being a managing partner and head of the private wealth team, Susan is recognised by Chambers and Partners UK legal directory, features in the legal 500, as one of the leading private client lawyers in the UK.

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