How much does probate cost?
If you have lost a loved one, you will undoubtedly be going through a stressful time. We can provide clarity and guidance.
We do not believe that the legal costs of a probate solicitor should be a source of uncertainty, especially when managing someone’s estate after they’ve died. Being an executor or a personal representative of an estate can be a stressful and complex process, especially if you are dealing with grief. There are many unknowns that you may face but we do not believe that your legal costs should be one of them.
It is difficult to estimate a likely fee before we know anything about the nature and complexity of a particular estate.
However, as a rough guideline, for straightforward estates our fees up to the point of obtaining a Grant of Probate are likely to be;
£5,000 – £7,500 + VAT for an estate which is exempt from IHT;
£6,500 – £12,000 + VAT for an estate where IHT is payable;
More complex estates may require more hours and therefore are subject to greater costs. These can range from:
£15,000 + VAT to £30,000 + VAT for medium complexity
Upward of £30,000 + VAT for higher levels of complexity
If you are unsure about the level of complexity involved, please get in touch and we will be happy to have a free, no obligation discussion with you.
(Where VAT is stated to be payable this is currently at a rate of 20%). We will also charge a £25 +VAT matter set up fee
Who will be managing my estate administration?
We have offices across England. If you do choose RWK Goodman to carry out your estate administration, we will make sure that your legal contact is in a location that is convenient for you. We have a number of regional heads who will either be responsible for or supervising your probate. You can see the team of Partners here.
How long does it take?
Estimations of the time it will take to administer an estate assume that the deceased’s death has been registered with the Registrar, death certificates obtained and funeral arranged already. If you need help with these we can advise and where appropriate, assist with arrangements, but there will be additional costs associated with this.
On average, estates that fall into the category whereby our fee estimator can be used to provide you with a fee estimate are usually dealt with within 6 to 18 months however to add more context to this, the various stages and time frames would be in the region of the following:-
- Obtaining valuations of the deceased’s assets, together with completion of the relevant Inheritance Tax return and drafting of specific oaths for the personal representative/executor to swear – 2 to 6 months
- payment of Inheritance Tax (if applicable) and return of receipt of payment of the Inheritance Tax from HMRC – 4 to 6 weeks
- applying for and obtaining the Grant of Probate – 4 to 12 weeks
- upon receipt of the Grant of Probate/Letters of Administration, encashing the assets – 1 to 3 months (plus additional time, if for example the deceased’s house needed to be sold or overseas assets are included)
- once all monies are received distribution of the assets with full estate accounts provided – 2 to 6 weeks.
Are there any additional costs with estate administration work?
There may be a number of additional costs, these are commonly referred to as disbursements. Our Probate fee estimate does not include disbursements. VAT is charged on most disbursements, but not on court fees. Where VAT is stated to be payable this is currently at a rate of 20%.
Common disbursements would be:
- Probate Court fee – £300, with a cost of £16 for additional copies of the Grant of Probate, we recommend obtaining an additional copy of the Grant for each asset in the estate
- bankruptcy searches (against deceased and beneficiaries) £6 per individual searched for UK beneficiaries. The cost of bankruptcy searches for beneficiaries based overseas will vary by country and we can advise you of these costs, if appropriate, at the applicable time
- notices in the London Gazette and paper local to where the deceased died to protect the executors/personal representatives – we can advise on this, and the costs associated, if necessary
Additionally, any taxes payable, including inheritance tax on the value of the estate and/or income tax or capital gains tax arising during the administration of the estate, are payable from the estate and are in addition to the fee ranges set out above.
What are the hourly rates?
The rate you will be charged will depend on the location, the seniority, as well as the urgency of your legal work. The table below indicates the different pricing points for these criteria. The following hourly rates will give you an indication of the sort of ranges of cost we charge based on seniority and geography.
| Role | | Standard regional rate | | Standard London rate | |
|---|---|---|
| Partner | £435 + VAT | £495-600+ VAT |
| Senior Associate | £375+ VAT | £435+ VAT |
| Associate | £355+ VAT | £400-420+ VAT |
| Solicitor | £335+ VAT | £335+ VAT |
| Paralegal | £215-335 + VAT | £225+ VAT |
What services are included in the price?
We believe that we should be clear and open with you when it comes to the work included in our Probate service. It goes without saying that our service includes everything needed for the majority of estates to move through the probate process, successfully and efficiently. Please see below for a comprehensive list on what is included in our probate service.
- Initial client meeting
- Client identity verification, anti-money laundering checks and file opening
- Formal fee estimate and issuing an engagement letter and letters to the executors
- An initial check of documents relating to assets and an initial check of the Will and its terms to ensure that there are no obvious issues or to advise if there are potentially any problems or to advise on the intestacy rules if there is no Will
- Registration of the death with asset/liability holders and obtaining date of death valuations
- Letters to the beneficiaries and legatees advising of the terms of the Will or intestacy provisions, confirming their identity and obtaining bank details for payment
- Drawing up a schedule of assets and liabilities and drafting the IHT400 inheritance tax account, if required, for signature by the executors/personal representatives
- Applying for an IHT reference – if required
- Drawing up the application for the Grant of Probate or of letters of administration, as applicable
- Client meeting to explain and sign the required documentation or letter of advice regarding the same
- Paying inheritance Tax if due
- Apply for the Grant of Probate or letters of administration
- Completion of closure forms to encash assets and obtaining the executor’s/personal representative’s signatures on these
- Sending closure forms, copy of the Grant and letters to asset holders
- Receiving assets into the estate
- Carrying out bankruptcy searches on legatees, paying legacies, liabilities and expenses
- Carrying out bankruptcy searches on beneficiaries and making payments on account to beneficiaries
- Reporting the estate’s income and capital gains tax to HMRC and obtaining IHT clearance, if applicable
- Preparation of estate accounts and provision of these to the executors/personal representatives for approval
- Provision of approved estate accounts to beneficiaries
- Calculation of amounts due to beneficiaries and bankruptcy searches
- Completion of R185s if appropriate
- Senior partner liaison time.
The following services are not included as standard in our probate work.
- The personal tax return (income tax, capital gains tax etc.) of the deceased for the period from the end of the tax year to the date of death, and during the administration of the estate.
- The sale of or transfer of title to any property contained within the estate to a beneficiary.
Call our team today
What other services can we assist you with?
Let us help take away the burden and worry of estate administration. We have designed our service to be quick and stress free, whilst keeping you informed every step of the way.
Before you can administer an estate, in most cases you will need a grant of probate. We can help you apply for and obtain probate. You can then chose to administer the estate yourself, or ask us to help you.
Our solicitors regularly assist in estates where someone has dies without a will. We can help create clarity and handle all the steps to ensure that the assets are divided correctly.
If an estate requires a transfer of equity in the form of a property transfer then our solicitors are able do this for you. A property often forms the largest part of an Estate and we can help make the transfer quick and efficient.
We understand all the tax implications you might face and your concerns around how much to pay. We manage the complexities of your tax liabilities to reach a speedy and satisfactory solution.
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