Our probate fees

My standard hourly rate for probate and estate administration work is:

£295 + VAT per hour

VAT is currently charged at 20%, making the equivalent rate £354 per hour including VAT.

I will provide you with an estimate of the likely overall cost at the outset, based on the information available to me. If circumstances change, or the work required is likely to exceed that estimate, I will discuss this with you before carrying out significant additional work wherever possible.

The total cost will depend on the circumstances of the estate and the amount of work required.

Examples of likely costs

Every estate is different, but the following examples are intended to give you a realistic indication of the professional fees you might expect.

These figures are our legal fees only and exclude VAT and third-party expenses (known as disbursements), such as Probate Registry fees, Land Registry fees, bankruptcy searches, statutory advertising and other expenses.

Example 1 – straightforward estate

Estimated legal fees: £3,000–£4,500 + VAT

This might apply where:

• there is a valid Will;

• there is one or two beneficiaries;

• there are a small number of bank or savings accounts;

• there are no significant lifetime gifts;

• no inheritance tax is payable;

• no inheritance tax account requiring substantial additional work is necessary;

• there are no trusts;

• there are no disputes between beneficiaries;

• the estate can be dealt with relatively quickly.

At £295 per hour, this represents approximately 10–15 hours of work.

Example 2 – straightforward estate with a property

Estimated legal fees: £4,000–£6,000 + VAT

For example, the deceased owns a house, several bank accounts and personal possessions, with two or three beneficiaries.

The work might include:

• advising the executors;

• identifying and valuing the assets and liabilities;

• preparing the application for the Grant of Probate;

• dealing with the Probate Registry;

• collecting bank and investment funds;

• dealing with the sale or transfer of the property;

• settling debts and expenses;

• preparing simple estate accounts;

• distributing the estate to the beneficiaries.

This represents approximately 14–20 hours of work at the standard hourly rate.

Example 3 – moderately complex estate

Estimated legal fees: £6,000–£9,000 + VAT

This might apply where the estate includes:

• a property;

• several bank and investment accounts;

• a larger number of beneficiaries;

• shares or investments;

• lifetime gifts which need to be considered;

• more complicated estate accounts;

• a deed of variation or other post-death planning;

• additional correspondence with beneficiaries or financial institutions.

This represents approximately 20–30 hours of work.

Example 4 – taxable estate

Estimated legal fees: £8,000–£14,000 + VAT

An estate may fall into this category where inheritance tax advice and reporting is required, particularly where there are:

• substantial assets;

• lifetime gifts;

• several properties;

• business or agricultural assets;

• trusts;

• questions concerning the residence nil-rate band;

• more complicated inheritance tax calculations;

• an IHT400 inheritance tax account;

• significant correspondence with HM Revenue & Customs.

The exact fee will depend heavily on the complexity of the tax position.

Example 5 – complex estate

Estimated legal fees: £14,000–£25,000+ VAT

A more complex estate might involve:

• significant inheritance tax;

• business or agricultural property;

• trusts;

• overseas assets;

• multiple properties;

• substantial lifetime gifts;

• a large number of beneficiaries;

• missing or uncertain documentation;

• disputed assets or potential claims against the estate;

• complicated tax issues;

• significant correspondence with HM Revenue & Customs;

• a large number of transactions and investments.

In these circumstances I will normally agree a detailed scope of work and provide a tailored estimate before proceeding.

If there is a dispute or potential litigation involving the estate, separate arrangements and estimates will be discussed with you.

What does the fee cover?

Depending on the circumstances, the work involved in administering an estate can include:

Initial advice

• meeting with the executors;

• explaining the probate and estate administration process;

• identifying what needs to be done;

• advising on the terms of the Will;

• identifying potential inheritance tax issues.

Establishing the estate

• identifying assets and liabilities;

• corresponding with banks, building societies, investment providers and other organisations;

• obtaining valuations;

• checking property ownership;

• considering lifetime gifts and other relevant matters.

Probate application

• preparing the relevant inheritance tax documentation;

• preparing the application for the Grant of Probate;

• submitting the application to the Probate Registry;

• dealing with queries raised by the Probate Registry.

Collecting the estate

• obtaining funds from banks and investment providers;

• dealing with shareholdings and investments;

• dealing with the sale or transfer of property where instructed;

• settling liabilities and estate expenses.

Finalising the estate

• preparing estate accounts;

• calculating the amounts due to beneficiaries;

• making distributions;

• obtaining appropriate receipts and confirmations;

• bringing the administration to a conclusion.

What is not included in the estimate?

The following may involve additional work or third-party costs:

• inheritance tax payable to HM Revenue & Customs;

• Probate Registry fees;

• Land Registry fees;

• property sale fees;

• accountant’s fees;

• financial adviser fees;

• professional valuations;

• tracing missing beneficiaries;

• specialist tax advice;

• dealing with overseas assets;

• contested or disputed estates;

• litigation;

• applications to the Court;

• complex trust administration;

• bankruptcy searches;

• statutory notices to creditors;

• verifying your identification;

• additional work caused by missing or incomplete information.

I will explain any significant additional costs to you before they are incurred wherever possible.

Disbursements

Disbursements are expenses payable to third parties in connection with the estate. They are separate from my legal fees.

Depending on the estate, these may include:

• Probate Registry application fee;

• additional copies of the Grant;

• bankruptcy searches;

• Land Registry fees;

• statutory notices;

• professional valuation fees;

• identification verification;

• other search or registration fees.

I will tell you which disbursements are likely to apply to your particular estate.

How long will probate take?

The timescale depends on the complexity of the estate and the organisations involved.

As a broad guide:

Straightforward estates: approximately 6–12 months

More complex estates: approximately 9–18 months

Complex or taxable estates: potentially 18 months or longer

These are only indicative timescales. Delays can arise from HM Revenue & Customs, the Probate Registry, financial institutions, property transactions or other third parties and are outside my control.

I will keep you informed about progress and explain any significant delays.

Do I have to use a solicitor?

No. Executors are entitled to administer an estate themselves.

However, professional advice can be particularly valuable where there is inheritance tax, property, trusts, business or agricultural assets, multiple beneficiaries or any uncertainty about the Will or the deceased’s financial affairs.

My role is to make the process as straightforward as possible and to deal with the legal and administrative work on your behalf.

You can choose how much help you need. For example, I can assist with the Grant of Probate only, or I can deal with the administration of the estate from start to finish.

A personal service

You will have direct access to me rather than being passed between different departments or members of a large team.

Before you instruct me, I will explain:

• what needs to be done;

• what I will deal with;

• what you will need to deal with;

• the likely timescale; and

• the likely cost.

If the circumstances of the estate change, I will explain the implications and discuss the options with you.

If you have recently lost someone and need advice about probate or an estate, please contact me for an initial discussion about how I can help.

Important information

The costs and timescales shown on this page are intended as general guidance only. Every estate is different and the figures are not a fixed quotation unless expressly confirmed to you in writing.

A formal estimate or quotation will be provided once I have sufficient information about the estate and the work required.

Hourly rate: £295 + VAT

VAT is currently charged at 20%.

Identity Verification

As all work I undertake is carried out via an SRA regulated law firm, I am legally required to verify your identity and, where appropriate, carry out anti-money laundering and other regulatory checks before I can act for you.

Setfords Solicitors use electronic verification systems where appropriate to carry out these checks.

Identity verification and AML screening: £25 + VAT per person.

This fee is charged separately from my legal fees and applies where an electronic verification check is required.

Depending on the nature of your matter, I may also be required to verify the identity of other people connected with it, such as executors, trustees, beneficiaries or attorneys. I will explain any additional verification requirements to you.

Where enhanced or more extensive checks are required because of the circumstances of a matter, I will explain any additional cost before carrying out those checks.

Where the relevant third-party verification cost changes, the applicable charge may be revised accordingly.