Probate fees applying for the grant of representation, collecting and distributing the estate
Led by partner Clare Archer, our private client team has many years’ experience dealing with the administration of estates and probate matters, together with the complex legal challenges they can create.
With private client teams in London, Guildford, Oxford and Basingstoke, our wide-ranging expertise ensures we can provide sympathetic, practical advice whether an estate faces specific legal difficulties or is less complex.
The administration of an individual’s estate following their death can be an extremely daunting and challenging time. We are here to advise and support clients during this difficult period.
At the outset, the estate’s personal representatives (those who are appointed to deal with its administration) must be identified. An application for a grant of representation to the probate registry may also be required to acquire their legal authority to administer the estate. Where a will exists, personal representatives are known as executors and apply for a grant of probate. If the deceased died without a will (intestate) then their personal representatives are administrators and the grant they can apply for is one called letters of administration.
It is very important if there is uncertainty or questions about how an estate should be managed to seek our advice. Failure to adhere to the correct processes can be extremely costly: personal liability can, for example, be incurred by the personal representatives where an estate is incorrectly administered. Additional costs can also be incurred with HM Revenue & Customs if inheritance tax is incorrectly paid or is late.
HMRC provides more information about the administration of an estate and taxation payable on death.
Our probate prices vary according to the structure of the estate we are asked to administer and its complexity. Our team have particular expertise in administering complex, international, high-net worth estates where we are required to manage on-going discussions with HMRC coupled with complicated IHT advice (including the preparation of IHT forms). We are also experts at advising clients on valuable estates which are less complicated in character.
Our fees are generally incurred by reference to the time spent by a fee-earner dealing with the matter and charging for this time at an hourly rate. They will also vary according to the seniority and experience of the person undertaking the work.
Our hourly rates are:
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Partners |
£400 - £725 plus VAT per hour |
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Senior associates |
£310 - £540 plus VAT per hour |
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Associates |
£210 - £405 plus VAT per hour |
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Trainee solicitors |
£185 - £255 plus VAT per hour |
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Case managers/paralegals |
£185 - £300 plus VAT per hour |
Please note our fee estimates exclude any taxes which are owed and paid separately by the estate to HMRC. Our fees are not deductible against inheritance tax.
The following are guides only. Clients should speak to us if they would like a bespoke quote. Our services are also available for work up to and obtaining the grant only or just for post grant matters. Once we have received more information, we can discuss the most suitable options.
Administration of a straightforward non-contentious estate with all assets based in England and Wales - grant of probate, collecting and distribution of the assets.
Our total estimated costs for this estate are between £12,500 to £30,500 (plus VAT and disbursements).
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As an example, a straightforward estate may provide a valid will and only two beneficiaries: the spouse and adult child of the deceased. The surviving spouse inherits the estate, while the child receives a small legacy. There is only one property and it passes automatically to the surviving spouse. A grant of probate is required to access some of the assets owned solely by the deceased such as a substantive ISA and two bank accounts. There is no inheritance tax payable and the executors do not need to submit a full account to HMRC. The clients arrange the funeral and are able to undertake some of the less complex probate tasks themselves, such as notifying relevant authorities of the death and securing relevant asset valuations. Work for this type of straightforward estate would include: |
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Pre-grant
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Post-grant |
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Administration of a complex non-contentious estate with all assets based in England and Wales – grant of probate, collecting and distribution.
Our total estimated costs for this estate are between £30,500 to £50,000 (plus VAT and disbursements).
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As an example, a more complex estate could be where the deceased died without a will. We advise on the intestacy provisions. They left a spouse, two young children and an adult child. The deceased made a substantial gift to their adult child five years before they died. The deceased was a farmer and their estate included a farm and several properties in England. The estate is valued at over £5 million pounds and includes an extensive share portfolio, from which several key documents are missing. A full IHT account will need to be submitted to HMRC. The deceased was born in America but had lived in England for most of their life and the executors are concerned about the tax implications of these issues. Work for this type of complex estate would include all the work we undertake for a straightforward estate and in addition: |
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Pre-grant
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Post-grant |
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Administration of a complex non-contentious estate with overseas assets.
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We are regularly appointed to advise on international estates. They are especially complex and a bespoke quote is always necessary. We would be happy to discuss this or any elements of the fees we have detailed and provide a personalised quote. Our work for international estates may include receiving instructions where the deceased was on their second marriage. Their estate is very complex and valued at over £20 million. The deceased had homes both in England and France, with additional international bank accounts. They were an entrepreneur and held interests in several different global businesses. They leave different wills applicable to relevant jurisdictions and we are required to liaise with specific countries to determine access to assets. We have to assist a search agency with the location of a missing beneficiary. Tax status and the implications of this for their estate must also be addressed. |
Disbursements are costs related to the matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on the client's behalf to ensure a smoother process. Disbursements for which there is a separate, additional charge by way of example include:
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Fee |
Cost |
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Probate fee |
£273 with additional copies charged an extra £1.50 per copy |
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Bankruptcy search |
£2 for each beneficiary |
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Newspaper posts for creditors (optional) |
£200 |
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Land Registry fee |
£3 |
For group 1 and 2 estates, work that will incur separate, additional fees may include:
On average, estates are dealt with within two years. For a simple estate, obtaining the grant of probate takes four to six months depending, in particular, on the tax obligations of the estate. Collecting assets then follows, which can take between six to nine months. However final sign off from government bodies is likely to take around 18- 24 months from death. Once this has been done, we can finalise the estate and distribute the assets. Any of these time limits can extend significantly, if the response from third parties takes longer than anticipated. The time limits for a more complex estate will always be longer than one where the administration is straight forward, particularly where the option to pay inheritance tax by instalments is taken.
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Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.
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