What is Probate?

Probate is the process of obtaining the legal right to administer another person’s estate (everything they own) after they have died.

The executor of a Will must submit an original Will, death certificate, Inheritance Tax forms and a probate application to the court to obtain a Grant of Probate. A Grant of Probate is a document that confirms an executor has the legal right to manage and distribute someone’s estate in accordance with their Will.

When there is no Will, a deceased’s personal representatives (usually their next of kin) must apply to the court for Letters of Administration.

For families who are grieving, managing the financial and legal affairs of a loved one can be overwhelming. An experienced probate solicitor can offer support throughout the probate process.

Our probate solicitors at Blossom Law hope to ease the burden of estate administration by providing a sympathetic and professional service.

Work included and key stages

Our fees include obtaining the grant of probate, collecting assets and distributing them. The precise work and stages involved in a probate matter vary according to the circumstances. However, we have set out the key stages involved in a typical probate matter:

• Take your instructions and give you initial advice.
• Identify the legally appointed executors or administrators and beneficiaries.
• Establish the extent of the estate by identifying the various assets and liabilities.
• Identify the type of probate application required.
• The application for Grant of Probate is prepared and then sworn by the executor and submitted to the appropriate Probate Registry together with the Will, if there is one.
• Once the Grant is received, it is submitted to the various organisations with whom assets are held in order to start the process of transferring the assets into the beneficiaries’ names.
• All estate liabilities have to be paid before the estate can be distributed among the beneficiaries.
• Confirmation is required that tax is paid up to date and there are no outstanding HMRC claims.
• Estate accounts should be prepared thereafter, and the estate distributed in accordance with the terms of the Will.

Blossom Law fees

Legal fee: £2,500.00 – £4,000.00

VAT: £500 – £800

Electronic ID Checker (per Executor): £8.00

Bank telegraphic transfer fee:  £25.00

Total cost: £3,533.00 – £4,833.00

Our fees include obtaining the grant of probate, collecting assets and distributing them.

The above quote is based on an estate where:

• There is a valid will.
• There is no more than one property.
• There are no more that 10 bank or building society accounts.
• There are no other tangible assets.
• There are no disputes between beneficiaries on division of assets.
• There is no inheritance tax payable, and the executors do not need to submit a fee account to HMRC.
• There are no claims made against the estate.

Fees payable to third parties (Disbursements)

Probate Application fee: £160.00                           No VAT

Swearing of oath fee: £15.00                                   No VAT

Post in the Gazette fee: £62.15                                VAT: £12.43

Post in a Local Newspaper: £185.00                      VAT: £37.00

Services not included within our Quote

Our service will not include any of the following:

• Any contested probate matters or advice on the same.
• Advice on tax or other accounting matters.
• Advice on asserts held outside the UK.
• Dealing with the sale or transfer of any property in the estate.

Factors that could increase costs

In some circumstances we may increase our fees to account for additional time, work or skill required to meet your instructions. Examples include:

• If there were no Will or the estate consist of any shareholdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with.
• If any additional copies of the grant are required.
• Any other significant factors such as contested estate.

Approximate / average time scales

On average, estates that fall within the quote range are dealt with within 4 to 12 months. Typically, obtaining the grant of probate takes 3-6 months. Collecting assets then follows, which can take about 3 months.

Please contact us today to see how we can help.