Probate Pricing

Probate Pricing

Coping with the death of a person can bring a mixture of emotions and the legal side of dealing with a person’s death can often be overwhelming and confusing.

Having experienced, compassionate legal advice can make this difficult situation much easier on you and your loved ones.
Thank you for looking at our probate services and we hope the information below is useful to you.

 

Why Us?

We have a team of experts who can assist you with every aspect of the probate process, reducing the administrative burden and advising sensitively on key decisions which need to be made when managing an estate.
Our Private Client Department is led by Caroline Farmer, Director and Solicitor.  Click here to learn more about Caroline and her team.

Our Costs

Grant of Probate Only Service (HMRC Account IHT205)

For a fixed fee of £1,250 plus VAT, we will prepare the HMRC Account IHT205 (if required) and the Legal Statement via the probate court online portal.
This is based on the following:

  • There is a valid Will with Executors who are making the application;
  • There is no inheritance tax liability;
  • As Executors you will provide a schedule of the value of the assets and debts as at the date of death, held in the deceased’s sole name and in joint names with anyone else;
  • We will present the application to the court on your behalf; and
  • Once probate is granted, we will send this to you to continue with the administration of the estate.

Grant of Probate Only Service (HMRC Account IHT400)

For a fixed fee of £2,250 plus VAT, we will prepare the HMRC Account IHT400 together with accompanying schedules and the Legal Statement via the probate court online portal.
This is based on the following:

  • There is a valid Will with Executors who are making the application;
  • There is no inheritance tax liability;
  • As Executors you will provide a schedule of the value of the assets and debts as at the date of death, held in the deceased’s sole name and in joint names with anyone else;
  • We will present the account IHT400 to HMRC on your behalf;
  • Once HMRC have issued their ‘receipt’ we will present the application to the court on your behalf; and
  • Once probate is granted, we will send this to you to continue with the administration of the estate.

Full Administration Service

We will handle the full process for you which includes collating the value of the estate as at the date of death; applying for the grant, collecting in the assets and distributing the estate. Alternatively, we can agree what aspects of the process you will undertake and the aspects that you would like us to undertake.
The cost of this service is based on the time spent on the matter and therefore varies greatly depending upon the complexities of the administration and the level of experience of the team member you are instructing.  Click here to see our hourly rates

Factors that can influence the amount of time involved include; the number of Executors applying for probate, the number of Beneficiaries, the need to deal with any contentious aspects of the estate administration, the inheritance tax position, the type and location of the assets belonging to the deceased.

Please see below two examples which provide an idea of the likely costs involved;

Case Example A (no inheritance tax)

Mr S, a widow, dies leaving a valid Will appointing his children A, B & C as Executors and his estate is to be divided equally between A, B & C.  Mr S owned a property, ISA accounts and two other accounts with a bank.  Our team would complete the HMRC account form IHT205 and claim any transferrable nil rate band, if applicable, prepare the Legal Statement, obtain probate, gather in the assets and distribute the estate between A, B & C.  As a guide our fees would be between £2,500 and £3,500 plus VAT.  Please see ‘Additional Costs and Disbursements’ below which should be considered alongside this guide.

Case Example B (inheritance tax payable)

Mr S, a divorced man, dies leaving a valid Will appointing his children A, B & C as Executors.  Mr S owned a property, ISA accounts and two other accounts with a bank.  The value of his estate exceeds the inheritance tax threshold and tax is due to HMRC as a result of his death.  Our team would complete the HMRC account form IHT400 with the accompanying schedules, submit this to HMRC and manage the payment of the inheritance tax between the bank and HMRC, prepare the Legal Statement, obtain probate, gather in the assets, finalise the inheritance tax position with HMRC and distribute the estate between A, B & C.  As a guide our fees would be between £3,950 and £4,950 plus VAT.  Please see ‘Additional Costs and Disbursements’ below which should be considered alongside this guide.

We would welcome the opportunity to provide a bespoke cost estimate for you, please either email info@hughes-paddison.co.uk or telephone 01242 574244 and one of our experts will contact you to obtain more information and then prepare this for you.

Additional Costs and Disbursements

There are additional costs and disbursements (fees due to a third party), not included in the fees quoted above, such as:

  • Probate Court Fees, currently £273, plus £1.50 per copy of the grant;
  • Land Registry Fees;
  • Bankruptcy Search Fees;
  • Statutory Advertisement (s27 notices);
  • Accountants Fees;
  • Chartered Surveyor Fees;
  • Estate Agent Fees;
  • Conveyancing Fees (legal fees relating to the sale of the property);
  • Any Inheritance Tax*;
  • Any Income Tax;
  • Any Capital Gains Tax;
  • Professional valuations of assets; 
  • Additional bespoke tax advice; and
  • Litigation costs (where there is a dispute).

*Inheritance Tax

There are various factors that will affect the amount of any inheritance tax payable in an estate and the rules are complex.  Our experts are well versed in the inheritance tax regime (including any reliefs and exemptions) and can help guide you understand the provisions of this complicated tax.  

You may wish to visit the HMRC Inheritance Tax Calculator which can be found at https://www.gov.uk/guidance/hmrc-tools-and-calculators#inheritance-tax-and-bereavement. 

How long will it take?

It is difficult to predict the length of time it will take to obtain probate in an estate as this depends on the complexities of the matter.  
However, as a guide, if the estate needs to submit HMRC account IHT205, which is sent with the Legal Statement to the court, it can take between 10-16 weeks from submission of the application for probate to be issued by the court.

If the estate needs to submit HMRC account IHT400, then HMRC will usually issue their required receipt to the court within 20 working days of submission of the account.  As a guide, it can then take between 10-16 weeks from submission of the application on the court portal for probate to be issued.  

As a general guide it can take 9-12 months for a relatively simple administration to be concluded.  With more complex estates it can take more than a year to bring the administration to a conclusion.  

By taking the appropriate professional advice from the outset it can mitigate the length of time it takes to administer an estate.
Our experts can advise the latest time scales with HMRC and the Probate Registry.  Please either email info@hughes-paddison.co.uk or telephone 01242 574244.

This link provides a breakdown of the probate process and a summary of the legal terms which you may find useful; https://www.legalchoices.org.uk/legal-choices/got-a-legal-issue/i-need-to-apply-for-probate.