Probate

Client Portal Login

Joss Legal Solutions Limited is authorised and regulated by the Solicitors Regulation Authority (SRA No. 629636) Registered number: 09721720. Office address: 445 Fair Oak Road, Fair Oak, Eastleigh, Hampshire, SO50 7AJ

Probate Services

The range of our typical estimates for administering an estate

Our fees for administering an estate typically range between £2,000 and £20,000 plus VAT (£2400.00 and £24,000.00 VAT inclusive sum). The current VAT rate is 20% of the base fee figure. although in some circumstances fees may be outside of this range. Our firm charges clients on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00) plus disbursements.

What is the cost of estate administration?

The cost of administering estates are affected by the complexity of an estate and not necessarily only by the value of the assets and liabilities involved. The factors that affect the cost of administering an estate include, but are not limited to:

The availability of details relating to the deceased’s assets and liabilities.
Whether or not there was a valid will in place at the date of death.
The number and type of assets and liabilities within an estate.
Cross boarder matters involving foreign currency and language translation.
Whether or not inheritance tax is payable
The number of beneficiaries involved and their whereabouts.

Where we are instructed to manage and process an Estate Administration from start to finish, we charge on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00) plus disbursements. The service would cover the following:

Valuing the Estate and ascertaining date of death assets and liability values by contacting the third parties with whom the deceased dealt.
Assisting and advising on any professional valuations for property, investments, chattels, works of art etc.
Considering and applying all exemptions and reliefs for Inheritance Tax which may apply;
Completing the relevant HM Revenue and Customs and Inheritance Tax forms;
Preparing tax calculations and advising on the available options to pay the tax due and any interest implications;
Liaising with the District Valuer;
Preparing the relevant application form and Legal Statement for the Grant to be signed by the Executors;
Submitting the application to a Probate Court and dealing with any queries raised;
Obtaining the Grant of Probate, advising when it is issued and producing certified copies;
Arranging payment of any further Inheritance Tax due;
Paying debts (excluding mortgages);
Finalising utility bills;
Identification of items specifically gifted and transferring them into the name of the beneficiary (excluding legal transfer work);
Paying cash gifts detailed in the Will and obtaining receipts for the Executors as proof of payment;
Advising on the requirement of Section 27 Trustee Act Notices;
Discussing with the Executors and beneficiaries the transfer or encashment of holdings in any investment and the Capital Gains Tax and Income Tax implications of such;
Dealing with Assents of properties to trustees or to beneficiaries;
Advising on Deeds of Appropriation (if required);
Collecting all of the Estate assets, including closure of bank accounts;
Undertaking bankruptcy searches for individual beneficiaries;
Registering the Estate with HMRC via the Trust Registration Service;
Preparing Income Tax returns for the Administration period;
Preparing form R185E;
Advising on and submitting Corrective Accounts and claims for loss on sale of property/shares;
Preparing Estate Accounts as an ongoing process;
Preparing Final Estate Accounts for Executor and beneficiary approval;
Obtaining formal clearance from HMRC;
Arranging final payments due to beneficiaries.

The above tasks which comprise full administration of an estate typically fall into the stages which are listed below;

1. Collection of information about the deceased’s estate and preparation of application for a Grant of Probate/Letters of Administration

We will need to gather complete information about the deceased’s assets and liabilities at the date of their death. In more complex estates we will also need further information about gifts the deceased made during their lifetime.
We can arrange for the settlement of a funeral account, provided that the deceased left sufficient cash assets to do so.
Once we have this information we will need to complete inheritance tax returns and an application for probate.
If there is inheritance tax to pay we will need to arrange for an initial payment to be made to HMRC.
It is difficult to estimate the time that this stage will take as we are reliant on third parties such as banks responding to us promptly. However, we anticipate that this stage should be complete within 8 weeks of taking your instructions.
This stage may take longer if the deceased died intestate and we need to trace relatives entitled to the estate.
Once an application for a Grant is made we normally expect to receive it within two weeks although this will depend on the Probate Registry’s workload.

2. Collection of assets

We will send a copy of the Grant of Probate/Letters of Administration to the financial institutions where the deceased had assets,
We will assist you with the sale or transfer of property.
We will settle any outstanding liabilities due from the deceased’s estate.
If there is no property to sell we anticipate that this stage will take approximately six weeks.
If there is a property to sell this stage will be extended as we will need to ensure that all liabilities associated with the property (such as utility bills) are settled.
During this stage we will normally advise you to take out statutory advertisements. These are a means of ensuring that creditors are made aware of the forthcoming distribution of the estate.
Please note that there may be some overlap with Stage 3 (below).
Fixed legacies will normally be paid during this period.

3. Preparation of estate accounts and distribution of assets

We will prepare a set of estate accounts that set out the assets and liabilities within the estate as well as any administration expenses and income. The accounts will show what each beneficiary is entitled to.
The accounts will be sent to the executors for their approval and will be then sent on to the residuary beneficiaries to show their entitlement.
We may also need to prepare an estate income tax return and pay tax on any income received during this period.
In some circumstances we may recommend that the distribution of the estate is delayed until six months after the Grant of Probate or Letters of Administration. This is to ensure that the period of time during which any third parties can make a claim against the estate is exhausted.
Therefore we estimate that this stage will take between 4 weeks and six months. However, during this stage it may be possible to make partial distributions of the estate to beneficiaries.

The price of grant of probate services only

We also offer a service for obtaining a Grant of Probate only (stage 1 above). This service includes gathering information about the assets within an estate and submitting an application only. It does not include arranging to pay inheritance tax or collecting and distributing assets. The price range for this service is between £750 and £1500 plus VAT (£900.00 and £1800.00) and will depend on:

The number of assets and liabilities within the estate.
The type of Inheritance Tax form that needs to be submitted, more complex estates require the completion of a longer, more detailed form.

The basis of calculating our fees

The fees above are calculated on a time basis based at our hourly rate of £260.00 plus VAT (£312.00).

Where form IHT400 is required, submitting this in advance of the probate application to HM Revenue and Customs;

Preparing the application for a Grant of Probate or Letters of Administration.
Submitting the application to the Probate Registry.
Providing the sealed copies of the Grant of Probate to the Personal Representatives.

No other work is included within this service, leaving you free to obtain all assets, pay all liabilities, settle all taxes due to HMRC and account to the beneficiaries entirely by yourself. Where you do require us to undertake additional work, it will be the subject of an entirely separate and bespoke quotation and be charged at our hourly rate of £260.00 plus VAT (£312.00).

Disbursements with Grant only service work, will comprise only the Probate application fee of £300.00 (VAT not charged by HMCTS) and the cost of any Office Copy Grants you may require at the rate of £1.50 (VAT not charged by HMCTS) per copy.

Disbursements to be added in addition to our hourly fee:

Our hourly rate fee for our services does not include disbursements which are costs incurred on behalf of our clients where we act as an agent. Typical disbursements on a probate matter are as follows;

Probate application fee of £300.00 (No VAT is payable on Court Costs) (unless the estate is worth less than £5000, in which case there is no probate fee).
Other costs related to the services you receive from us.
Land Charges Registry bankruptcy searches £2 per beneficiary plus VAT (£2.40)
Approximately £82.00 plus VAT (£98.40) to post in the London Gazette – This protects against unexpected claims from unknown creditors (this is not always applied for).
Approximately £110.00 plus VAT ((£132.00) to post in a local Newspaper – This also helps to protect against unexpected claims from unknown creditors (this is not always applied for).

Copies of Grant of Probate £1.50 (VAT not charged by HMCTs) per copy grant if requested at the time of application for Grant of Probate. The Probate office provide one copy of the sealed Grant of Probate as part of the application process however additional copies are advisable to enable copies to be sent to the different financial organisations. On a typical estate we would recommend that are least 5 additional copies are obtained.

In some circumstances an affidavit or oath may need to be sworn in front of a third-party solicitor. Solicitors usually charge of £5.00 + £2.00 per exhibit. If the third-party solicitor charges VAT on their costs the charges would be £5.00 (£6.00) +£2.00 (£2.40).

Potential additional costs

The transfer or sale of real estate. Details of our charges for residential conveyancing can be found on our website under the conveyancing tab.
Advising you in regard to any contentious matters that arise during the administration of the estate. If such services are necessary, then you will be charged on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00).
Any legal work required to transfer business assets upon the death of their owner. If such services are necessary, then you will be charged on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00).
Valuation fees for stocks and shares, property, antiques and other assets as appropriate. If such services are necessary, then you will be charged on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00).
Charges for the verification of ID documents required in connection with the Money Laundering regulations. The disbursements in relation to this are usually in the region of £13.50 plus VAT (£16.20).
Foreign bankruptcy search fees approximate values to be advised prior to undertaking searches.
Charges relating to the electronic transfer of funds using the Bank CHAPs system of £30.00 plus VAT (£36.00) per payment and replacement cost of £30 plus VAT (£36.00) for each issued cheque which has been lost.
Foreign bank charges relating to overseas payments and receipts which vary depending on the jurisdiction, bank and amounts involved. Approximate values to be advised prior to instructing any payments.
Tracing agents fees plus VAT for beneficiaries where we do not have the contact details approximate values to be advised prior to instructing any searches.
Asset tracer fee approximate values to be advised prior to instructing any searches.

VAT of 20% of the base fee may be applicable to potential additional costs where amount not available above until requirements confirmed.

Agreeing our fees with you at the outset

At the outset of the matter we will be able to give you a far more specific estimate of our fees based on the circumstances you tell us about. We will also be able to give you a better idea of the time it will take to complete the estate administration. This will be set out in a letter to you which we will ask you to sign before the work commences.

Indicative costs example

On a straightforward estate where the deceased owned a property and had a couple of bank accounts and savings account and personal chattels. The deceased has left a Will with named executors and the firm is not acting as an Executor and the firm has been instructed to obtain a Grant of Probate only such a case is likely to take about 8-10 hours which would be charged at the hourly rate of £260.00 plus VAT (£312.00) per hour plus disbursements. This would mean that our legal services could range from £2080.00 plus VAT (£2496.00 based on 8 hours estimate 8 x £260.00 plus VAT) to £2600.00 plus VAT (£3120.00 based on 10 hours estimate, 10 x £260.00 plus VAT). The likely disbursements would be the Probate court fee of £300.00 (VAT not charged), fee for copies of the Grant of Probate £7.50 (VAT not charged, 5 x £1.50), Electronic ID verification per executor £13.50 plus VAT (£16.20). These costs would apply regardless of where our services have been charged based on 8 hours or 10 hours’ time spent.

If the deceased estate is more complicated, then more time will be spent on the matter in order to reach a point whereby an application for Probate can be submitted. Accordingly, clients will be charged for all time spent on a matter and complexity of a matter or the number of assets held within the estate will impact upon the time taken in dealing with matters.

The above figures are indicative only and the time estimate is ascertained on a case-by-case basis and is subject to revision during the administration of a matter and could be more or less then the example given above.

Timescales

On average, our experience suggests that estates are concluded within 6 to 18 months. Typically:
Obtaining information to apply for a Grant of Probate takes 8 to 20 weeks;
The Grant of Probate application typically has a processing time of between 8 to 16 weeks from the point of submission to the Probate Registry;
The process of collecting in assets and paying liabilities is entirely asset specific although most assets can typically be collected in circa 4 to 28 weeks; and
Once all assets have been collected and all liabilities paid, final Estate Accounts will be prepared, and once concluded and approved, arrangements will be made for the distribution of assets to the beneficiaries. This final stage normally takes in the order of 4 to 8 weeks.
These timescales are on the basis that:
There is a valid Will and appointment of Executors;
There is no claim brought against the Estate;
Where there is a property to sell it sells within an average time scale;
The third parties with whom the deceased dealt, correspond within a reasonable timeframe.

The service would cover the following:

An initial meeting to discuss details of the Estate;
Consideration of all financial and other information provided;
Preparation of the Return of Estate Information form (IHT205) (if required) for approval and signature (however, where the estate requires a full Inheritance Tax Account on form IHT400
Where form IHT400 is required, submitting this in advance of the probate application to HM Revenue and Customs;
Preparing the application for a Grant of Probate or Letters of Administration.
Submitting the application to the Probate Registry.
Providing the sealed copies of the Grant of Probate to the Personal Representatives.

No other work is included within this service, leaving you free to obtain all assets, pay all liabilities, settle all taxes due to HMRC and account to the beneficiaries entirely by yourself. Where you do require us to undertake additional work, it will be the subject of an entirely separate and bespoke quotation and be charged at our hourly rate of £260.00 plus VAT (£312.00).
Disbursements with Grant only service work, will comprise only the Probate application fee of £300.00 (VAT not charged by HMCTS) and the cost of any Office Copy Grants you may require at the rate of £1.50 (VAT not charged by HMCTS) per copy.

Disbursements to be added in addition to our hourly fee:

Our hourly rate fee for our services does not include disbursements which are costs incurred on behalf of our clients where we act as an agent. Typical disbursements on a probate matter are as follows;

Probate application fee of £300.00 (No VAT is payable on Court Costs) (unless the estate is worth less than £5000, in which case there is no probate fee).
Other costs related to the services you receive from us.
Land Charges Registry bankruptcy searches £2 per beneficiary plus VAT (£2.40)
Approximately £82.00 plus VAT (£98.40) to post in the London Gazette – This protects against unexpected claims from unknown creditors (this is not always applied for).
Approximately £110.00 plus VAT ((£132.00) to post in a local Newspaper – This also helps to protect against unexpected claims from unknown creditors (this is not always applied for).

Copies of Grant of Probate £1.50 (VAT not charged by HMCTs) per copy grant if requested at the time of application for Grant of Probate. The Probate office provide one copy of the sealed Grant of Probate as part of the application process however additional copies are advisable to enable copies to be sent to the different financial organisations. On a typical estate we would recommend that are least 5 additional copies are obtained.

In some circumstances an affidavit or oath may need to be sworn in front of a third-party solicitor. Solicitors usually charge of £5.00 + £2.00 per exhibit. If the third-party solicitor charges VAT on their costs the charges would be £5.00 (£6.00) +£2.00 (£2.40)

Potential additional costs

The transfer or sale of real estate. Details of our charges for residential conveyancing can be found on our website under the conveyancing tab.
Advising you in regard to any contentious matters that arise during the administration of the estate. If such services are necessary, then you will be charged on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00).
Any legal work required to transfer business assets upon the death of their owner. If such services are necessary, then you will be charged on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00).
Valuation fees for stocks and shares, property, antiques and other assets as appropriate. If such services are necessary, then you will be charged on a time spent basis at our hourly rate of £260.00 plus VAT (£312.00).
Charges for the verification of ID documents required in connection with the Money Laundering regulations. The disbursements in relation to this are usually in the region of £13.50 plus VAT (£16.20).
Foreign bankruptcy search fees approximate values to be advised prior to undertaking searches.
Charges relating to the electronic transfer of funds using the Bank CHAPs system of £30.00 plus VAT (£36.00) per payment and replacement cost of £30 plus VAT (£36.00) for each issued cheque which has been lost.
Foreign bank charges relating to overseas payments and receipts which vary depending on the jurisdiction, bank and amounts involved. Approximate values to be advised prior to instructing any payments.
Tracing agents fees plus VAT for beneficiaries where we do not have the contact details approximate values to be advised prior to instructing any searches.
Asset tracer fee approximate values to be advised prior to instructing any searches.

VAT of 20% of the base fee may be applicable to potential additional costs where amount not available above until requirements confirmed.

Agreeing our fees with you at the outset

At the outset of the matter we will be able to give you a far more specific estimate of our fees based on the circumstances you tell us about. We will also be able to give you a better idea of the time it will take to complete the estate administration. This will be set out in a letter to you which we will ask you to sign before the work commences.

Timescales

On average, our experience suggests that estates are concluded within 6 to 18 months. Typically:
Obtaining information to apply for a Grant of Probate takes 8 to 20 weeks;
The Grant of Probate application typically has a processing time of between 8 to 16 weeks from the point of submission to the Probate Registry;
The process of collecting in assets and paying liabilities is entirely asset specific although most assets can typically be collected in circa 4 to 28 weeks; and
Once all assets have been collected and all liabilities paid, final Estate Accounts will be prepared, and once concluded and approved, arrangements will be made for the distribution of assets to the beneficiaries. This final stage normally takes in the order of 4 to 8 weeks.
These timescales are on the basis that:
There is a valid Will and appointment of Executors;
There is no claim brought against the Estate;
Where there is a property to sell it sells within an average time scale;
The third parties with whom the deceased dealt, correspond within a reasonable timeframe.