The Probate process is the collecting in or transferring of the Estate assets, paying all liabilities and any Inheritance Tax (IHT) and then distributing the net estate to the beneficiaries of the Will (or to the next of kin if there is no Will).

Our highly trained and experienced probate lawyers are here to help you with these estate administration processes.

The Probate process: the basics

Download our guide here

Other issues connected with Probate

There are a vast number of side issues associated with each of those actions listed above, for which advice should be sought to provide support and legal expertise. Such advice can also lead to money savings for Estates and families.

Examples:

• Decisions on selling or keeping the family home or a property that is due to be passed to the children of the deceased. Capital Gains Tax can be mitigated by advice on how to structure the ownership held by beneficiaries to maximise all allowances
• Arrangements for the family home, in particular the best structure for a child to buy out the share of their sibling
• Protecting assets passing to the main beneficiaries. Inheritance Tax, care fees and protection from insolvency and divorce might be mitigated by the preparation of legal devices such as a Deed of Variation which varies the terms of the Will to protect the assets passing to beneficiaries
• Advice for beneficiaries who receive assets to then protect those via an amended Will to maybe include flexible Trusts
• Financial advice regarding retaining assets, cashing them in or splitting them between beneficiaries
• Valuing assets for Inheritance Tax purposes

Costs for Probate work

Depending on the circumstances, nature and value of the estate assets and what level of assistance you require, our probate administration fees vary, as we usually charge on a time spent basis. Each Estate and circumstance is different and our costs are tailored accordingly.

For example, if the Executors have already obtained the Estate valuations and it is clear there is no inheritance tax to be paid due to the small size of the estate, then a lower fee would usually apply for just applying for probate and no reporting to HMRC – but we will have to factor in what might be uncertainties in the process.

For full estate administration, our time and advice are charged according to the work and time spent, we do not charge a fixed percentage of the value of the Estate. Then we are only paid for the specific work we undertake. Our clients often see this as the best and fairest method.

We will always discuss the options and scope of work with you at the outset and update you if circumstances change, for example if additional unforeseen administration work is required. Our costs are paid from the Estate at intervals throughout the administration process and then at the conclusion of our work or the administration.

Cost Guidelines:

Simple probate only applications

By way of guidance, for a simple grant of probate application only, our fees will be from £1,750 + VAT.

For applications for probate where inheritance tax is payable, and a full tax return is required to be submitted to HMRC then our fees are usually between £4,500 + VAT and £6,500 + VAT.

Occasionally a full tax return is required even where inheritance tax is not payable; this is £4,500 + VAT.

Obtaining Grant and full estate administration (Hourly rates)

We can undertake full administration work for an estate. The extent of the work required varies depending on the nature and value of the estate and the complexity of matters to attend to. We will discuss such matters with you on a case-by-case basis to provide a more accurate estimate of costs and timescales, but please find guidelines below.

Our service includes:

• Providing you with a dedicated and experienced private client lawyer or private client executive to work on your matter
• Identifying the legally appointed executors or administrators and beneficiaries
• Accurately identifying the type of Probate application you will require
• Contacting all asset holders and debtors to report the death
• Obtaining probate valuations for all assets and liabilities
• Arranging insurance for unoccupied property
• Placing statutory notices in The London Gazette and local newspapers to protect against unexpected claims and liabilities
• Preparing and submitting the relevant Inheritance Tax (e.g. IHT400 with supporting schedules)
• Arranging payment of IHT if required
• Preparing the Legal Statement for the Personal Representatives/Executors to sign
• Making the application for the Grant of Probate/Letters of Administration
• Collecting in estate assets and paying liabilities
• Preparing and submitting estate income tax returns
• Preparing estate accounts
• Undertaking bankruptcy-only Land Charges Department searches on beneficiaries
• Distributing the estate to beneficiaries

Costs

Our full estate administration service is based on our private client team hourly rates +VAT, plus disbursements, as follows:

Usman Khan – Solicitor and Head of Private Client – £340 + VAT per hour

Johanna Knott – Senior Associate Solicitor – £320.00 + VAT per hour

Lucy Pankhurst – Associate Solicitor – £295.00 + VAT per hour

Jeremy Wise – Legal Executive & Director – £340 + VAT

Legal Assistants – £150.00 + VAT per hour

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

Example:

For estates where there:

• Is a valid will
• Is no more than one property
• Are no more than 5 bank or building society accounts
• Are no other intangible assets
• Are no more than 5 beneficiaries
• Are no disputes between beneficiaries on the division of assets. If disputes arise this is likely to lead to an increase in costs
• Is no inheritance tax payable and the executors do not need to submit a full account to HMRC
• No claims made against the estate

We anticipate this will take between 15 and 25 hours. At Usman Khan’s hourly rate of £340+VAT per hour the total estimated costs would be £5100 to £8500 (+VAT).

Disbursements

• Probate court fee: £526
• Court sealed copies of the Grant: £2.00 (each)
• Bankruptcy-only Land Charges Department searches: £2 (per beneficiary)
• Statutory notices in The London Gazette and local papers – protects against unexpected claims from unknown creditors: circa £200-£350

Disbursements are costs related to your matter that are payable to third parties, such as court fees. They are in addition to our fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Potential additional costs

• If there is no will or the estate consists of any shareholdings (stocks and 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 give you a more accurate quote once we have more information
• Dealing with the conveyancing of the sale or transfer of any property in the estate is not included. We have a team of residential conveyancers that can assist with this and we can provide a quote if required
• Any disputes between beneficiaries or the Executors
• Queries from HMRC regarding valuations supplied

PLEASE NOTE: Inheritance Tax payable is in addition to our fees.

Timescales

On average, it can take 8-12 weeks to obtain the Grant of Probate for an estate where there is no Inheritance Tax payable.

For estates where there is Inheritance Tax to pay it can take 8–18 weeks for the Grant to be issued but the timescale depends on arrangements for paying IHT and HM Revenue and Customs issuing the relevant unique code required to apply for Probate.

Inheritance Tax (“IHT”)

Inheritance Tax (IHT) is a tax that is payable at 40% on the excess value of a net Estate over the IHT thresholds. The basic tax threshold is the Nil Rate Band which is currently £325,000. Therefore if the net estate (assets less liabilities and funeral expenses) is say £400,000 for an individual, the tax payable could be £30,000.

If you are an Executor it is absolutely essential to obtain advice before completing any Inheritance Tax return or account. There are a number of potential exemptions and reliefs that can reduce the amount of IHT payable. For example, there is a spouse exemption of 100% on the first death if one spouse dies passing the estate in full to the surviving spouse.

On the surviving spouse’s death there is also a potential doubling-up of the £325,000 IHT allowance so potentially increasing the IHT threshold to £650,000. Since 2017 an additional threshold is applicable in some circumstances, the “Residence Nil Rate Band”. This threshold, if available, can mean an additional £175,000 of nil rate threshold available before any IHT is payable.

Gifts to registered charities attract automatic IHT exemption and there are certain circumstances where the IHT threshold can be reduced from 40% to 36% depending on the amount of charitable gifts made in a Will.

We advise the Executors and then usually prepare the IHT forms for the Executors to sign off.

IHT mitigation: There are steps that can be taken by individuals to potentially save IHT both before death in terms of structuring Wills for IHT planning, and post-death structures using a Deed of Variation.

Click here to view our hourly rates.

Our Private Client team provides trusted legal advice and support on personal estate planning, wills, probate, trusts, powers of attorney, and broader private wealth matters. We help clients organise and protect what matters most — your family, your legacy and your peace of mind.

Leading the team is Usman Khan LLB Hons, Solicitor, Head of Private Client, who specialises in wills, estate and inheritance tax planning, trust structures, lasting powers of attorney, and probate and estate administration. Usman brings extensive experience and a clear, supportive style to highly personal legal matters.

Johanna Knott BA SFE TEP, Senior Associate Solicitor – a highly experienced solicitor in private client work, including complex estate planning, trust advisory, Court of Protection matters and administration of estates. Her STEP accreditation reflects her expertise in managing sensitive and high-value private affairs.

Lucy Pankhurst LLB Hons, Associate Solicitor – provides a personable and informed approach to wills, trusts, probate and powers of attorney, often meeting clients in locations that suit their needs.

Jeremy Wise FCILEx, Legal Executive & Director – specialises in Wills and Estate Planning; Powers of Attorney (LPAs) for both Property & Financial and Health & Welfare, and all aspects of Probate and estate administration, including the administration process, advising on both taxable and non-taxable estates, completing and submitting inheritance tax accounts, preparing estate accounts and obtaining the Grant of Probate or Grant of Letters of Administration on intestacy.

This team offers a compassionate and knowledgeable service for individuals and families looking to plan for the future, administer estates, or put robust legal protections in place.