Everybody’s lives are unique, and this is reflected in the approach needed to administer an estate when someone dies. Each estate needs to be individually considered, and the estate administration process must be tailored according to the assets/liabilities and particular circumstances of the deceased.
Because of this, the costs of estate administration do vary from estate to estate. The exact cost for applying for a Grant of Probate and dealing with the administration of an estate will depend on the specific 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, then the collecting and distributing the assets of the estate will be more complex and the costs will be at the higher end of the range.
As an illustration of the likely costs to be incurred, where there is a simple estate, we anticipate that this will involve between 10 and 25 hours’ work for a junior lawyer at the hourly rate of £285 to £295 plus VAT at the prevailing rate of 20% Total estimated £2,850 to £7,375 plus VAT at the prevailing rate of 20%.
This applies for estates where:
- there is a valid Will
- there is no more than one property (Conveyancing fees for dealing with property ownership or sale are charged separately)
- there are no more than 2 bank or building society accounts
- there are 2-3 beneficiaries
- there are no disputes between beneficiaries (if disputes arise this is likely to lead to an increase in 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
In addition to the legal costs there are disbursements. Disbursements are sums payable to third parties, such as court fees. We process the payment of such disbursements on your behalf to ensure a smoother process, but these are paid from the estate and are not included in our fee estimate.
Disbursements typically required are:
- probate application fee of £300 (plus £1.50 for each additional copy of the Grant required)
- bankruptcy only land charges department search (£7 per beneficiary plus VAT at the prevailing rate of 20%)
- notice posted in the London Gazette and a local newspaper (this cost varies but is approximately £300 and protects against unexpected claims from unknown creditors)
Administration of simple estates would ordinarily be undertaken by a junior lawyer under the supervision of a partner or senior member of the team. Where the issues involved are more complicated than for a simple estate (as summarised above) for example, estates with an inheritance tax liability or involving trusts, the application for probate and administration of the estate will be dealt with by a senior lawyer or partner. As an illustration of the likely costs to be incurred, where there is a more complex estate, we anticipate that this will involve between 35 and 50 hours’ work for a senior lawyer or partner at the hourly rate of £315 to £325 plus VAT at the prevailing rate of 20%. Total estimated £11,025 to £16,250 plus VAT at the prevailing rate of 20%.
There is always potential for estimated costs to increase, particularly where (for example):
- there is no Will
- the estate includes shareholdings (stocks and bonds), foreign assets, multiple properties or trusts
- there are disputes or disagreements between personal representatives and/or beneficiaries
- the whereabouts of beneficiaries are unknown
We can give you a more accurate costs estimate following the first meeting with one of our specialist team, where we will work with you to gain a full picture of the estate and your requirements. All work is conducted on a bespoke basis in order to ensure the individual nature of each estate is appropriately considered and addressed.
On average, simple estates are fully administered within 9 to 18 months. Initially, information about the estate will be collated. Then obtaining the Grant of Probate will take 12 to 16 weeks after the application is submitted, although this is dependent upon the turnaround time of the Probate Registry, which can vary. Then the collection of assets and the discharge of liabilities follows, this takes on average 6 to 12 weeks, depending on the nature of the assets involved. Generally speaking, banks will release funds relatively quickly following receipt of the Grant of Probate, whereas shareholdings and foreign assets can take longer to administer. If a property is to be sold, the time frame will increase and is dependent on how quickly a buyer can be found and the sale completed. The Executors distribute the estate when the administration of the estate has been completed.
As part of our service in obtaining a Grant of Probate/Letters of Administration and administering the estate, we will:
- Provide you with a dedicated, specialist probate lawyer
- Identify the legally appointed executors or administrators and beneficiaries
- Ascertain the extent of the assets and liabilities of the estate
- Obtain the relevant documents required to make an application
- Prepare the Grant application and the relevant HMRC forms
- Make the application to the Probate Registry on your behalf
- Obtain the Grant
- Collect the assets in the estate
- Discharge estate liabilities
- Prepare estate accounts
- Pay legacies and distribute the estate to the beneficiaries
We encourage clients to make contact with us at an early stage following a bereavement. We have a sympathetic and dedicated team who are happy to meet with you and, where practicable, provide a free, no obligation estimate.
For those who would like a more economical service, and do not require assistance with the full estate administration, we are happy to provide an estimate of the costs limited to completing the inheritance tax return, and/or applying for and obtaining a Grant of Representation (Probate or Administration).
Please contact the team on 01329 822333 for further information on our Probate and estate administration services.