Probate

The loss of a loved one is always difficult and with a death come unavoidable legal matters that have to be dealt with.
We appreciate how distressing it can be to deal with the estate and assets of someone close to you who has died. Administering an estate can be a problematic and time consuming task which needs to be carried out at an already very difficult time.
Personal service
We provide a high quality but personal and sensitive service founded upon our wealth of experience in this area.
Our approach
Our approach is to ensure that the process of obtaining probate is as easy and painless as it can be. We can assist in obtaining the necessary Grant and administering the estate.

Fees in Uncontested Probate and Estate Administration Cases

For probate and administration of estates, where the deceased was domiciled in England and Wales at the date of death, our fees are charged by reference to the amount of work done, at a rate of £290 per hour plus VAT. VAT is currently charged at the rate of 20%. 

Simple estate administration cases (for example, where there is only one property, and perhaps one or two bank accounts in the estate) will involve less work, and lower fees, than more complicated cases (for example, where there may be several properties, and more complex investments and assets in the estate). Where we are appointed as executors the fees charged may be higher than where we act on behalf of the executors because our responsibilities are likely to mean that we have to do more work on behalf of the estate.

In our experience probate cases can involve between 30 and 50 hours of work (and fees of between £8,700 plus VAT and £14,500 plus VAT) depending on the complexity of the case.

We can provide a more precise estimate of the likely fees in your case, upon request, when we have met with you and discussed the nature and extent of the estate.

The work involved in probate and estate administration cases generally includes:- 

(a)  contacting all asset and liability holders in order to value the estate - typically this can take two to four months

(b)  completing the relevant inheritance tax forms and submitting them to HMRC - typically this can take a further four to six weeks, and HMRC generally process the forms in around 28 days

(c) completing and submitting the grant application - the court usually takes between 6 and 8 weeks to issue the grant

(d) realising the assets of the estate, settling any liabilities, accounting for taxes due, and distributing the estate to beneficiaries - this can take between two and five months, although it is likely to be longer if the sale of property is involved

We usually render our first invoice, for the work done to date, when the application for the Grant of Probate or Administration is lodged with the court, and the final invoice when our work is completed.



Disbursements
In addition to the above, disbursements (charges we have to pay on your behalf) will arise during the course of the administration. The most common charge is the court fee payable to obtain the Grant of Probate (or Administration). The fee is currently £273.00 plus £1.50 per additional copy of the Grant which is required. If it is necessary to obtain a valuation of property or personal belongings then the fees are likely to be in the region of £350-£1500 plus VAT. When copies of the Land Registry title of a property are required the fee is £3.00 plus VAT of 60p for a copy of each title.

Conveyancing work
We do not undertake conveyancing work (such as selling the deceased’s home or other property) or commercial transactions (such as commercial conveyancing or transfers of businesses). Where these types of work arise during the course of the administration of an estate we will obtain the Grant of Probate (or Administration) and deal with all other relevant matters, and we will refer you to a conveyancing solicitor to do the conveyancing work. Their fees will be payable directly by you to those solicitors, usually out of the proceeds of sale. 

We do, however, undertake other work related to property – for example, dealing with the Land Registry’s requirements following the death of a joint owner of property, and transferring property to beneficiaries under a will.

If you do not require us to carry out the full administration of the estate, but need help with certain aspects of it, we can discuss this with you and provide you with an individual quote for the cost of the work you would like us to do.

Nick Timmings Petersfields LLP

Get in touch

Nick Timmings is a partner and has been a qualified solicitor since 1993. Nick deals with private client matters. More about Nick.
Call our Cambridge office:
01223 653210

Call our Milton office:
01223 928055

Call our Haverhill office:
01440 713223

Timescales for Uncontested Probate and Estate Administration

The time taken to administer an estate varies considerably, and is dependent upon the nature of the deceased’s estate and the assets and liabilities which have to be dealt with. In general, we expect to be able to administer most estates within 12 months of the date of death.

Long term care

In addition to the above services, we can provide advice and assistance with issues relating to the costs of long term care, and we can also assist with appeals against decisions made by the NHS about NHS continuing healthcare.