Probate Solicitors

What is Probate?

Probate may be required when a loved one passes away. Essentially, it means the accessing and distribution of the person’s estate according to their will (if they left one), or according to the law of intestacy (if they did not leave a will).

What is the Probate Process?

A grant of probate may need to be obtained in the estate to allow the executors access to certain assets, in order to distribute to the beneficiaries of the Will or under the rules of intestacy.

We are able to assist you in either:

• Obtaining the Grant only. We will apply for the Grant, based on the information provided to us by you. Once received, you will be able to deal with the third parties with the Grant yourself.

• Executor Support. We will be on hand to advise on the different aspects of administrating an estate should you wish.

• Full Estate Administration. We will deal with all aspects of the administration, from dealing with third parties (such as banks and building societies), to paying inheritance tax, applying for the Grant of Probate, collecting in the estate and distributing the estate according to the Will or the law of intestacy

The Probate Process

Why use a solicitors' firm for Probate?

The probate team at Claire Nash Solicitors are highly qualified and experienced in all manner of probate related matters. We ensure the estate is administered to a high standard and liaise with the third-parties, such as HMRC, inheritance tax, banks, collecting in the estate and paying the beneficiaries. These are all tasks that require time and effort and can cause considerable stress at what is already an emotional time. Why not allow us to take the pressure for you so you can concentrate on what is important to you.

How Long Does Probate Take?

It can, on average, take between 9 to 18 months to administer an estate, depending on the complexity of the estate, whether there is an inheritance tax liability to account to HMRC, or the complexity of the Will itself.

Obtaining a Grant of Probate, generally can take between 6 - 12 months on average.

In instances where inheritance tax needs to be paid, this needs to be paid within 6 months from the end of the month that the deceased passed away, to avoid penalties and interest from accruing. If the estate comprises of certain assets such as property, HMRC may allow inheritance tax to be paid in 10 annual instalments (allowing the Grant to be obtained prior to the full account being paid). Generally, however, inheritance tax needs to be paid before obtaining the Grant of Probate.

Why choose Claire Nash Solicitors for Probate?

Losing a loved one is hard enough; let our friendly team guide you through the probate process.

Our experienced probate solicitors and professionals

Claire Nash

Anna Wakefield

Nicky Modjesch

Emily Haynes

How much do we charge?

Our fees for probate can vary depending on the complexity of the matter and the estate. Whilst it is not possible to estimate the total, as much will depend on the individual circumstances of the matter, most of our probate matters cost between £5,000 and £10,000 + VAT plus disbursements. VAT is charged at the current rate of 20%. This includes fees incurred from the initial consultation through to obtaining the grant (or letters of administration in an intestacy situation) to collecting in and distributing the estate to the intended beneficiaries.

In addition to our fees, there may be disbursements to pay. Currently, the cost of obtaining the Grant of Probate is £300. Additionally, it is considered best practice to undertake a will search, place Section 27 notices, and conduct an asset and liability search. This ensures the correct Will is being administered, protects you, the executor, from personal liability against claims from unknown creditors, and ensures there are no unknown assets. We use third parties to undertake these searches, and their fess are as follows:

Will search – £105 plus VAT (i.e., £126 in total)

London Gazette Section 27 notice – £92 plus VAT (i.e., £110.40 in total)

Local Section 27 notice (if there is a property or company in the estate) to be confirmed depending on location, but usually between £200 - £300 plus VAT

Asset and Liability search - £195 plus VAT (i.e., £234 in total)

Digital Asset search

We shall conduct these searches in all cases. £35 plus VAT (i.e., £42 in total)

There may also be additional disbursements such as £30 plus VAT (i.e., £36) per ID per client check; £7 for an office copy of the property register; £2 per bankruptcy check; and CHAPS fees (usually charged at £30 plus VAT totalling £36).

Disbursements are costs that relate to your matter and are payable to third parties, such as the court. We handle the payment of the disbursements from client funds to ensure a smooth process.