Probate

Probate Fees 2022 (V.23)

When a person dies, it may become necessary to apply for probate of the deceased person’s estate. Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die. A grant of probate needs to be applied for through the Probate Registry and once granted, it gives you the legal right to deal with a person’s estate after they have died. If a person dies intestate, a grant of letters of administration is used instead. In addition, there are times when probate is not required, however HMRC forms need to be completed.

At Makka Solicitors Ltd, our wills and probate team have experience in advising on probate matters and from the outset can guide you on the best course of action and assist with the complex task of obtaining probate, collecting and administering the estate.

At Makka Solicitors Ltd we charge only the hourly rate incurred in dealing with these matters regardless of the complexity of the matter whereas other firms charge you their fees on hourly rates as well as up to 1.5% of the value of the estate.

There is no ‘typical’ administration of estate and therefore it can be difficult to quantify the costs however in more straightforward cases, in applying for the grant, collecting and distributing the assets, we anticipate this will take between 5 and 50 hours work at £280.00 per hour plus VAT at 20%. Total costs estimated at £1,400 to £14,000 (+VAT at 20%).

Assumptions on which the above information is provided

The fee ranges we have set out above are based on several assumptions, as follows:

1. There is either a valid Will held by the Deceased, or all relatives to inherit the estate via the intestacy rules are known and traceable. Evidence of their eligibility and relation to the deceased is readily available.
2. It is agreed between all relevant parties at the outset who will act as our client and obtain the Grant, with no disputes or challenges to this arising in the course of the matter.
3. If the estate is to be varied, then the terms of the variation is agreed by all relevant parties in a reasonable time.
4. There are no disputes between beneficiaries as to the division of the deceased’s assets, or any claims made under the Inheritance (Provision for Family and Dependants) Act 1975.
5. There are no foreign or intangible assets which we are required to administer.
6. There are no more than 3 bank or building society accounts
7. There are no other intangible assets
8. There are 2-4 beneficiaries

Our standard hourly rates of solicitor are as follows:

In addition to the standard hourly rates, we have also outlined some of the disbursements (fees payable to third parties) that are likely to apply during the course of any administration. We believe that the following disbursements will be incurred routinely in almost all matters:

There are potential other costs which can be incurred during the process of obtaining probate such as valuers, house clearance, auctioneers, genealogists, estate agents; these costs cannot be quoted as individual quotes are provided on a case-by-case basis. Dealing with a sale or transfer of the property is not included.

Time Scale

The timescale in dealing with estate administrations varies between cases. On average, estates that fall within a straightforward matter, where there is no inheritance tax to pay, are dealt with within 3 weeks from obtaining all asset information at the date of death. Typically, obtaining the grant of probate takes 4 – 6 months, this is due to the length of time Probate Registry takes to issue the grant of probate. Collecting assets then follows, which can take between 4-6 months depending on the asset, property assets take longer whereas stocks and shares are usually dealt within 2-4 weeks. Once this has been done, we can distribute the assets, which normally takes  4-12 months from the grant of probate assuming there are no further complications or disputes that arise.