Introduction
Dealing with all the admin that comes when someone dies can be emotionally taxing and financially daunting. Alongside dealing with grief, you can face the difficult task of sorting out the property, money, possessions, and debts of the person who died. Understanding the associated costs is sometimes a challenge.
At Trustestate, we believe that a fixed fee probate service – where all the costs are fixed and transparent – is the best solution if you decide you need professional support. This article will explain exactly what fixed fee probate involves, what's usually included in the costs, and what additional charges you might expect. We hope this will help you make an informed decision during a difficult time.
What is probate?
Probate is the legal process of dealing with the estate of someone who has died. The estate is made up of all the person’s money, property and possessions, together with any debts and liabilities. Getting probate is an important part of administering the estate, and involves applying for a document called a Grant of Probate (if there's a will) or Letters of Administration (if there isn't a will).
The person given the job of sorting out the estate is called the executor (if there’s a will) or administrator (if there isn’t a will). Getting probate documents gives the executor or administrator the authority to manage the estate. You’ll need a Grant of Probate or Letters of Administration if the person who died owned property or held a significant amount of money in a bank account, though specific bank thresholds vary.
Understanding probate costs in the UK
Probate costs can often seem confusing and unclear. The main categories of probate costs include the following.
Legal fees: The cost of hiring a solicitor or probate professional to help with estate administration.
Probate registry fees: Charges paid to the Probate Registry for issuing the Grant of Probate or Letters of Administration.
Additional expenses: Various other costs such as death certificates, valuation fees, property clearance, and more.
Generally, these expenses are paid from the person's estate. For more detail on probate costs, read our article A complete breakdown of probate costs in the UK
What are the different charging models for legal fees?
When choosing or comparing professional probate providers, you’ll need to understand the different ways legal professionals charge for their services. There are three main models for probate charging.
Fixed fees. This model means that the price for the probate service is agreed upfront. It will only change in a few defined situations – for example if significant new information is discovered, or the client needs to change the level of service originally agreed. This model of charging is clear and transparent about what’s offered from the start. It can help you avoid excessive and confusing costs.
Hourly rates. Under this model, solicitors charge a fee for each hour spent on the probate case. The main disadvantage of hourly rates is that you can’t get an accurate quote upfront. Complications can mean legal professionals spend more time than initially estimated on the case. This in turn will lead to an increase in the final fee. Final fees can sometimes be a lot more than initial estimates.
Hourly rates for probate services depend on the experience and seniority of the professional handling the case. Some example hourly rates you can expect are as follows
Paralegals and trainee solicitors: £120 – £205 plus VAT
Junior solicitors (less than 4 years qualified): £170 – £235 plus VAT
Experienced solicitors (4-8 years qualified): £225 – £325 plus VAT
Partners/senior solicitors (8+ years qualified): £300 – £600 plus VAT
If more than one person is working on your case, it might make it even harder to predict costs.
Percentage of estate value. Some solicitors calculate their fees as a percentage of the total value of the estate. This percentage is typically between 2% and 5%, plus VAT and any third-party costs. This can lead to very high costs for larger estates.
Fixed fee probate: A transparent solution
Fixed fee probate services have become more common in recent years, and offer a clear and predictable cost structure. Fixed fee probate means that the price for the legal service offered is agreed at the outset.
Key benefits of fixed fee probate
Cost certainty: The most significant advantage of a fixed-fee probate service is that the total cost for the legal work is agreed upon upfront. On the other hand, if you choose hourly billing costs can quickly accumulate, especially in more complex cases. Knowing the exact fee from the start allows for better financial planning and removes the anxiety of facing an unexpectedly large legal bill.
Transparency: Fixed fee providers should give you a clear breakdown of what parts of the probate process are covered by the fee. Everyone should be clear from the start about the scope of the work to be done.
Potential for cost savings: For many straightforward estates, a fixed fee can be more economical than the traditional model of a solicitor charging by the hour, or charging a percentage of the estate's value. This is particularly true for high-value estates. By agreeing to a fixed price, you avoid paying more simply because the person who died had a lot of assets.
Simplified and efficient process: Fixed fee probate services are often streamlined to handle the probate process efficiently. This can lead to getting probate faster, and beneficiaries receiving their inheritance sooner. The focus is on completing legal requirements efficiently without unnecessary billable hours.
What's typically included in fixed fee probate?
Exactly what’s included in a fixed fee probate service can vary between providers. So it's essential to check carefully. There are generally two main types of fixed fee services.
Grant of probate / letters of administration only service: This is a limited fixed fee service. The professional's main role is to prepare the necessary probate forms and submit the application to the Probate Registry on your behalf.
This typically includes:
Advising on the valuation of the estate.
Calculating and preparing the necessary forms for inheritance tax, if required.
Arranging for inheritance tax payment (if required).
Preparing and submitting the probate application.
If you choose this service, the executor or administrator is responsible for collecting information, notifying organisations, and dealing with the estate's assets and debts after probate has been granted.
Full estate administration service: This comprehensive fixed fee service covers the entire probate process. It's a good choice if you want to hand over all legal and financial responsibility to a professional.
A full estate administration fixed fee typically includes everything in the grant of probate only service, plus:
Notifying banks and other organisations that the person has died.
Gathering all necessary information for HMRC and Probate Registry forms.
Collecting and transferring assets.
Paying any liabilities and debts of the estate.
Preparing comprehensive estate accounts.
Sharing out the estate according to the will or intestacy rules (if there’s no will).
Are there any costs which are not included in fixed fee probate?
There are some additional costs which are often not included in the fixed fee. A good provider will be clear about these costs upfront.
Common exclusions and additional costs include:
Probate Registry Fee: This is a compulsory government charge for issuing the grant of probate. It is currently £300 for estates valued over £5,000 and is usually charged in addition to the solicitor's fixed fee. Estates valued at £5,000 or less are exempt from this fee.
VAT (Value Added Tax): Fixed fees quoted by solicitors will almost always be exclusive of VAT, which is charged at the current rate (currently 20%) on top of the legal fee.
Third-party disbursements: These are costs paid by the professional to other companies or organisations on behalf of the estate. Examples include:
Valuation services for property, personal belongings, or investments.
Property clearance and removal of items.
Locksmiths and essential renovations and repairs to property.
Property insurance premiums for empty houses or flats.
Copies of legal documents, such as death certificates or Land Registry records.
Statutory advertisements in publications like the London Gazette.
Bankruptcy searches for beneficiaries or asset searches for unknown assets/debts.
Genealogist fees for tracing missing beneficiaries.
Will search or missing asset/liability searches.
Beneficiary ID checks.
Contentious probate issues: Fixed fee probate will not usually cover any disputes that arise during the probate process. These can include challenges to the will, or arguments between executors or beneficiaries. These need the input of specialist contentious probate solicitors and will cost extra.
Additional services: If you initially decide to opt for limited service, but change your mind and need extra help, there will be additional fees or a new fixed fee.
Choosing the right fixed fee probate service
To make sure you choose a fixed fee service that fits your needs and budget, you will need to compare different probate professionals. Fixed fee quotes will make this process easier, but there are a few other considerations.
Decide at the start if you need a full estate administration service or a grant of probate only service.
Examine what each fixed fee quote explicitly includes and excludes to avoid unexpected charges. Look for transparency from the start. Many companies offer a free initial consultation to answer any questions you might have.
Make sure the professionals have expertise in probate and estate administration and are regulated by the appropriate professional body.
Other factors to consider are: how the provider will stay in touch and update you; whether you would like flexible online service or value face-to-face contact; and whether the company communicates clearly and has a good reputation for client service.
For more guidance on choosing a professional probate service, read our article How to decide on the right probate provider.
Frequently asked questions about fixed fee probate
What is fixed fee probate?
Fixed fee probate is a service where the legal costs for handling probate are agreed upon and known upfront. Costs should not change unless the scope of work is altered. Fixed fee probate provides clarity and certainty regarding expenses during the estate administration process.
What are the different charging models for probate?
There are primarily three charging models for probate services:
Fixed fees: A set price for agreed-upon services.
Hourly rates: The solicitor charges based on the time spent on the case.
Percentage of estate value: Some solicitors charge a percentage of the total value of the estate, typically ranging from 2% to 5%
What is the average solicitor fee for probate in the UK?
Solicitor fees for probate in the UK can vary significantly based on the estate's size and complexity. Legal fees typically range from £500 to £15,000 plus VAT, but can sometimes be higher for very complex cases. For some worked examples see our article a complete breakdown of probate costs.
What's included in fixed fee probate?
What's included depends on the specific service chosen.
A ‘grant of probate only’ fixed fee usually covers preparing the necessary probate forms, managing inheritance tax (if applicable), and submitting the application to the Probate Registry.
A ‘full estate administration’ fixed fee covers the entire process, including notifying organisations, valuing the estate, collecting assets, paying debts, preparing estate accounts, and distributing the inheritance.
VAT and some additional costs (third-party costs like the Probate Registry fee, valuation fees, etc) are almost always excluded from the fixed legal fee. Contentious issues or disputes are also generally excluded, and may cost extra.
How much is fixed fee probate?
The cost for fixed fee probate will depend on the company and on the service chosen. Trustestate’s Grant of probate only service costs £500 + VAT. Our Probate and estate administration service costs £1,500 + VAT. Make sure you’re clear on what’s included when comparing services.
Trustestate can help
If you decide a fixed fee service is right for you, Trustestate offers a simple, streamlined service with expert support at every stage. Book a free call with one of our experts to find out more.
What we offer
Use our Probate and estate administration service and we’ll manage every stage of the process. We’ll take over all the admin, apply to the court for probate, and share out the estate.
Or if the estate is simple, and you have time, you can use our Grant of Probate only service, and we’ll apply for probate using information you provide.
Whichever service you choose, you’ll get dedicated advice every step of the way, and an online platform to keep track of everything.
