Probate.
Plan ahead with confidence. Our team can help you navigate the legal process of administering an estate after someone has died.
Probate is the legal process of administering someone’s estate after they die. It involves validating their Will, paying debts and taxes, and distributing assets to beneficiaries. It’s a complex legal requirement that ensures the deceased’s wishes are carried out properly — giving clarity and peace of mind during a difficult time.
Why do I need help with Probate?
Dealing with legal matters is the last thing you want to worry about during bereavement. A properly managed probate process ensures debts are paid, taxes are handled correctly, and assets are distributed according to the Will and the law.
Why do I need help with Probate administration?
- You have recently lost a loved one and been named as executor and are grieving
- You are dealing with a complex estate involving property, investments, or business interests
- You have received a grant of probate but need help with the administration process
- You are facing disputes between beneficiaries and the challenges to the Will
- You have been asked to produce a Grant of Probate to close a bank account or other asset
Which type of grant do I need?
Grant of Probate
Issued when there’s a valid Will with appointed executors to administer the estate according to the Will’s instructions.
Grant of Letters of Administration
Issued when there’s no valid Will or appointed executor, allowing administrators to distribute assets under intestacy rules.
Grant of Letters of Administration with Will Annexed
Issued when there’s a valid Will but no available executor, allowing an administrator to follow the Will’s wishes.
The Probate process, made simple.
We begin by establishing whether there’s a valid Will and explaining its terms to executors, or if there’s no Will, we create a family tree and explain who benefits under intestacy laws. We then guide you through six key stages of estate administration.
Asset Valuation
We gather details of all assets and liabilities to establish the estate’s value at the date of death.
Grant of Probate
We report the estate value to HMRC where necessary and apply to the court for a grant of probate.
Asset collection
If the estate is valued at less than £5,000 you are unlikely to need probate. Some banks may have a higher limit than the £5,000. However, you should always check with an experienced Probate solicitor, as there are some circumstances where reports need to be made to HMRC inheritance tax division even if the estate has a relatively low value at the time of death. We arrange for the collection of the assets and pay any liablilities due form the estate.
Estate Accounts
We prepare detailed accounts of all receipts and payments for executor’s approval before final distribution.
Final Distribution
We complete asset transfers and distribute the remaining estate monies to the beneficiaries.
It was easy to contact if we had the odd question to raise...
Lindsey kept us up to date throughout the process and was easy to contact if we had the odd question to raise. I can highly recommend their services and would use them again in the future.
Mrs B
We were able to save money and make changes easily...
Due to Lindsey’s experience and understanding of Probate law, we were able to save money on the Inheritance Tax, and make changes between the inheriting parties easily.
Mr B
Without their help the outcome would have been very different...
I found it very difficult to find accurate advice on matters relating to probate. That was until I was recommended Atterbury Payne who have helped me over the last 2 years to navigate the law following the passing of my father. Without their help the outcome would have been very different.
Mr S
Helping You Make Sense of Probate.
How long does Probate take?
Probate typically takes 6-9 months to complete, though complex estates involving property sales or disputes can take significantly longer. We guide you through each stage to avoid unnecessary delays.
Do I need a solicitor for Probate?
Whilst there’s no legal requirement to use a solicitor, it’s usually recommended as solicitors have the skills and experience to ensure every detail is accounted for and protect you from legal consequences if mistakes occur.
Do I need Probate for a small estate?
If the estate is worth less than £5,000 or the deceased has left their entire estate to their spouse or civil partner, you may not need to go through Probate. However, you should always check with an experienced Probate lawyer first.
Our Fees for Obtaining a Grant Only
Our Fees for Obtaining a Grant Only
Our Grant Only service includes either the application for simpler estates, or the full Inheritance Tax form IHT400 and relevant schedules for more complicated and higher value estates. This also includes the application to the Probate Registry to obtain the Grant. If we are providing you with this Grant Only service then you will
need to supply us with the relevant figures and information and we complete the forms for you to check and sign. We then submit the application on your behalf.
The Stages of this Grant Only Service are:
- Identifying executors and beneficiaries
- Checking the type of application you will require
- Obtaining relevant information from you to make the application
- Completing probate application and any relevant HMRC forms
- Drafting the Legal Statement (also called the application for probate)
- Making the application
- Obtaining the Grant and providing all relevant information and documents to you, to administer the estate yourself
- Once obtained, the Grant will be sent to you to deal with the rest of the administration of the estate, including closing or transferring accounts and
investments, finalising the tax position, producing estate accounts for the beneficiaries and distributing the estate in accordance with the Will or Intestacy
Rules.
The total costs will depend on how straightforward or complicated the matter is. For example, if someone has died leaving only one beneficiary in an undisputed Will and
no property, then the costs would be at the lower end of the range because it will be simple. For a simple estate our costs start from £1,250 plus VAT (£1,500), plus our onboarding fee and other expenses (outlined below).
For a more complex estate where we need to calculate IHT and complete form IHT 400 and schedules our costs start from £3,500, plus VAT (£4,200) plus our onboarding fee and expenses (outlined below).
How long will the process take?
As a guide, an application for probate for a ‘simple’ estate such as those described above can normally be dealt with within 6 months of receipt of the relevant figures
and information.
More complex matters involving submission of the IHT 400 and schedules is likely to be dealt with within 6 to 12 months of receipt of the relevant figures and information.
We cannot influence how long it will take the Probate Registry to provide the Grant.
Potential additional costs
Any work which is out of scope to the above, such as writing to asset holders, dealing with the sale or transfer of any property in the estate, and creating or registering any trusts is not included and will be charged at our hourly rates.
Guidelines for our fees for dealing with the full Administration of Estate
Our Administration of Estate service includes either the application for simpler estates or the full Inheritance Tax form IHT400 and schedules, for more complicated
or higher value estates. This also includes the application to the Probate Registry to obtain the Grant.
Where you need us to deal with the full administration of an estate – including obtaining a Grant of Probate, collecting and distributing the assets – our fees are
based on our hourly rates.
The stages in addition to our Grant Only service generally include:
- Writing to all asset holders and debtors to obtain figures and information
- Completing the required application forms for your review and signature
- Submitting the application to the Probate Registry
- Closing or transferring accounts and arranging the sale or transfer of investments
- Finalising the tax position
- Producing estate accounts for the beneficiaries
- Distributing the estate in accordance with the Will or Intestacy Rules
- Each estate is unique in its assets, beneficiaries, and other aspects.
A guideline fee for a simpler estate is below:
There is a valid Will
There is no more than one property
There are no more than 5 bank or building society accounts
There are no other assets
There are no more than 3 beneficiaries
There are no disputes or claims
If a Senior Solicitor works on your matter, the total legal fees for 25 to 35 hours’ work would be between £7,500 plus VAT to £10,500 plus VAT. In addition, onboarding fees and expenses will apply as outlined below.
Fixed Fee for Finalising the Estate
In addition to the above, we apply a fixed fee at the final stage of the estate administration. This covers the final tasks required to conclude the matter, including arranging for the signature of Estate Accounts, verifying beneficiary details (including bankruptcy searches), making final payments, and returning original documents (if applicable).
This fixed fee is charged instead of continuing to bill on an hourly basis at this stage.
By applying a fixed fee once estate accounts are completed, we avoid needing to amend or update them to reflect further time spent, making the process smoother
and more efficient for everyone.
We operate a tiered structure for this fixed fee based on the number of residuary beneficiaries, as follows:
Fewer than 4 beneficiaries – up to £500 plus VAT
4–6 beneficiaries – up to £750 plus VAT
7–9 beneficiaries – up to £1000 plus VAT
10 or more beneficiaries – up to £1,500 plus VAT
In simpler cases, a lower fee may be charged
Onboarding Fees and Other Expenses
If we agree a fixed fee with you rather than working on an hourly rate basis we charge an onboarding fee to cover some of the costs involved in us onboarding you
as a client and complying with our regulatory requirements in respect of working with
clients. Our fee is £50 per person and this is charges for each client and for each beneficiary
of an estate.
Other Expenses that we may ned to pay to third parties on your behalf that you will need to reimburse us for are as follows:
PROBATE APPLICATION FEE: £300 OR £0 WHERE THE NET ESTATE IS BELOW £5,000 (NO
VAT)
ADDITIONAL COPIES OF THE GRANT: £1.50 EACH (NO VAT)
SEALED AND CERTIFIED COPY OF THE GRANT – IF
ASSETS ARE HELD ABROAD YOU MAY NEED ONE OF
THESE: £1.50 EACH (NO VAT)
HM LAND REGISTRY – OFFICE COPIES, IF REQUIRED: 7
PLACING S.27 NOTICES: £450 APPROX. (PLUS VAT)
BANKRUPTCY SEARCHES: £6 PER NAME