Fees In Probate Cases

The term probate covers the administration of a deceased person’s estate whether or not they have made a will.

If there is a will an executor will usually undertake the administration. If there is no will the estate is administered by an administrator.

C.W. Booth & Co offer two types of services as far as probate matters are concerned. These are obtaining a grant of representation only or alternatively applying for the grant of representation, collecting and distributing the assets.

Obtain grant of representation only

This is a fixed fee of £750.00 plus VAT at 20%

In addition the following disbursements may be payable:

• Probate Registry application fee of £273.00 (no fee is payable if the value of the estate is less than £5,000.00)
• £1.50 for each additional office copy of the grant of representation

Disbursements are costs related to your matter which are payable to third parties such as court fees. We handle payment of disbursements on your behalf to ensure the matter proceeds as smoothly as possible.

Please note that these fees do not include the situation in which the estate must complete an IHT400 and quotes will be given on an individual basis.

On average it will take 6 months to obtain the grant. Once the application is submitted it can take 16 weeks for the Probate Registry to deal with the application.

Applying for the grant of representation, collecting and distributing the assets

In uncontested probate cases where all the assets are in the UK, our costs in applying for the grant, collecting and distributing the assets are usually in the region of £1500 to £4500 plus VAT at 20%.

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, our costs are likely to be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, our costs will be at the higher end. Our fees are calculated at £225.00 per hour plus VAT at 25%.

We may use two elements when calculating our charges for dealing with an estate based on the time we spend and the value of the estate.

If a value element is applied (which will depend on individual circumstances of each estate) it is calculated as 1% of the gross value of the estate (excluding any residence in which the deceased resided where the rate will be 0.5%) or in cases where a member of the firm is a sole executor or joint executor with any other person 1.5% of the gross value of the estate (excluding any residence in which the deceased resided where the rate will be 0.75%).

We will handle the entire process for you. This quote is for estates where:

• There is a valid will
• There is no more than one property
• There are no more than 4 bank or building society accounts
• There are no other intangible assets
• There are 1 to 4 beneficiaries
• There are no disputes between beneficiaries on the division of assets. If disputes do arise this is likely to lead to an increase in our costs
• There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
• There are no claims made against the estate

The following disbursements will be payable in addition to our fees:

• Probate Registry application fee of £273 (no fee is payable if the value of the estate is less than £5000)
• £1.50 for each additional copy of the grant of representation
• Bankruptcy-only Land Charges Department searches (£2 per beneficiary)
• Trustee Act notices in London Gazette and local newspaper (protects against unexpected claims from unknown creditors) approximately £400

Disbursements are costs related to your matter that are payable to third parties such as court fees. We handle payments of disbursements on your behalf to ensure the matter proceeds as smoothly as possible.

Potential additional costs:

• If there is no will or the estate consists of any share holdings (stocks or bonds) there are likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can provide you with a more accurate quote once we have more information.
• If any additional copies of the grant are required, they will cost £0.50 each (usually one per asset)
• Dealing with the sale or transfer of any property in the estate is not included and will involve additional costs
• Additional costs will apply if CW Booth & Co or one of the partners have been appointed as an executor of the will

In dealing with the matter on your behalf, we will:

• Provide you with a dedicated and experienced probate solicitor
• Identify the legally appointed executors or administrators and beneficiaries
• Accurately identify the type of Probate application you will require
• Obtain the relevant documents required to make the application
• Complete the Probate application and the relevant HMRC forms
• Draft a legal statement for you to swear
• Make the application to the Probate Court on your behalf
• Obtain the Probate and securely send two copies to you
• Collect and distribute all assets in the estate

On average, estates that fall within this range are dealt with in 6 to 12 months in total. Typically, obtaining the grant of probate takes approximately 24 weeks. Collecting the assets then follows, which can take between 6 and 10 weeks. Once this has been done, we can distribute the assets, which normally takes 4 to 6 weeks. If a property has to be marketed and sold, the timescale may be significantly longer.

Representation in probate matters will ordinarily be provided by Robert Willoughby – please see our Meet the Team page for further information.