The average cost of probate in the UK is around £2,626* based on estate administration fees, disbursements and the cost of applying for probate. There may also be Inheritance Tax considerations.
Probate costs can be difficult to determine as they depend on a variety of factors, including whether you arrange for full or partial administration.
The value and complexity of your estate will also influence the amount you pay, with high-value estates potentially costing considerably more than the average.
Probate Costs Overview
Knowing and understanding the costs of probate is essential for executors or administrators to make informed decisions.
Below we review the fees and costs you can expect:
| Service | Cost* |
|---|---|
| Estate administration fees | £2,214 |
| Grant of Representation | £300 for estates over £5,000 in value |
| Swearing of the oath | £7.00 per executor |
| Bankruptcy searches | £6.00 per beneficiary |
| Land registry fees | £7.00 per property |
| Gazette newspaper notice | £92.20 - £125.80 plus VAT |
| Inheritance Tax (IHT) Fees | 40% |
*Data from the UK Government and a report from IRL Legal
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Estate Administration Fees Explained
Estate administration is administration required for the deceased's estate. Solicitors can either complete full estate administration or partial administration, which will range in price depending on the value and complexity of the estate.
Fees are charged by solicitors for their work during the probate process and are on average 1%-4% of the gross value of the estate.
Probate solicitor fees can also be a fixed-fee or an hourly rate. How a solicitor decides to charge their fees will be at their discretion.
Full Administration
Full administration is when a solicitor takes on all estate administration, applications and paperwork. This is a more expensive option, but can be worthwhile if you are overwhelmed by the process or want additional reassurance, during what can be a difficult time.
They will review the assets, apply for grant of representation on your behalf and assist with debt and tax payments.
Full administration does not include the sale or transfer of property. This would incur additional costs if required.
Partial Administration
Partial administration is cheaper but will require work on behalf of the estate's executor. The solicitor’s role would be to apply for a grant of representation and handle some work or tasks, with the rest left to the executor or administrator.
You can also hire a solicitor to only apply for the grant of representation, which is the cheapest option. However, any other estate administration work would need to be completed by the executor of the estate.
Applying for Grant of Representation
Applying for probate requires the executor or administrator to apply for a Grant of Representation. This is a legal document from the Probate Registry that grants authority to administer the estate.
This is supplied either as "Grant of Probate", if there is a valid will, or "Grant of Letters of Administration" if there is not a valid will.
The application fee is £300 for estates valued at over £5,000. Estates valued at under £5,000 do not incur this fee.
Paying Inheritance Tax
Inheritance Tax is a tax on the estate of the deceased at a standard rate of 40% on more than the £325,000 threshold. This must be paid before probate can be granted. An IHT400 form will need to be completed if there is any inheritance tax to pay.
For those who are married or in a civil partnership, any unused threshold from one partner can be added to the other spouse's threshold.
If the estate is below £325,000, you normally will not need to pay inheritance tax. You can also be exempt if you leave everything above the £325,000 threshold to your spouse, civil partner, a charity or community amateur sports club.
“Your estate is worth £500,000 and your tax-free threshold is £325,000. The Inheritance Tax charged will be 40% of £175,000 (£500,000 minus £325,000).”
(Example from the UK Government)
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What Influences the Cost of Probate?
Below we review the factors that can impact the cost of probate:
What is the Value of the Estate?
High-value (e.g over £1M) estates require more work for the solicitor, including collating assets and contacting beneficiaries. There will likely be inheritance tax obligations to consider. As a result, the costs related to the probate process will increase.
Is the Estate Complex in Any Way?
Factors such as multiple bank accounts or properties, and business or foreign assets will all result in a vast and complex estate. If beneficiaries need to be tracked down, this is extra work for the solicitor, increasing costs.
Is There a Valid Will?
If the will is missing, not valid, or does not exist, this can complicate the probate process. As a result, your costs will increase as your solicitor works around these issues. This can include suspected undue influence regarding the will or questions surrounding the mental capacity of the deceased at the time a will was created or amended.
Are There Any Disputes or Contests?
Disputes and contests to the will can increase costs as the solicitor works to resolve them. These factors can lead to contentious probate which will cause delays while the matter is investigated.
Has the Executor Hired a Solicitor?
If the executor instructs a solicitor to handle the full administration, costs will be higher than if they self-managed the process. However, hiring a professional minimises the risk of potentially costly mistakes.
Does the Estate Include Property?
If the estate includes property, this will add to the costs. There will be a small fee of £7 per property for the Land Registry. Beyond that, there are costs such as probate house insurance while it is empty and costs associated with selling the property if required.
How Can I Save Money on Probate Costs?
Below we've listed our top tips to save on probate costs:
Partial Administration
Partial administration, as we have discussed above, gives you access to the experience and expertise of a solicitor, while keeping costs low. The executor will have to handle some of the estate administration, but a professional will take on the core legal aspects. This is usually cheaper than hiring a solicitor for full estate administration.
Opt for a Fixed Fee Solicitor
Opting for a fixed-fee solicitor may work out cheaper than a solicitor that charges a percentage of the estate. It is important to remember, however, that how a solicitor charges their fees is at their discretion.
Utilise the Inheritance Tax Threshold
Inheritance Tax is not required if the estate value is below £325,000. This can increase to £500,000 if the deceased gave their home to children (including adopted, foster or stepchildren) or grandchildren. The estate can also pay a reduced inheritance tax rate of 36% on some assets if 10% or more of net assets are left to a charity in the will.
Apply for Help with Costs
You may be able to get help to pay probate fees if you have a low income or are on certain benefits. Keep in mind that if you apply for probate online, you’ll have to pay the full probate fee upfront. A refund will be issued if your application for help with fees is successful.
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How Do I Find a Probate Solicitor?
Seeking professional legal advice is essential to avoid mistakes and minimise delays. This can be paramount to the probate process, especially if the estate is high-value.
Compare My Move can match you with up to 6 licenced and trusted solicitors. Compare quotes and save up to 70% on your legal fees. This allows you to compare what they offer, their fees and whether they are right for you.
All companies must pass our strict verification process and are regulated by either:
Solicitors Regulation Authority (SRA)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Council for Licensed Conveyancers (CLC)
Institute of Chartered Accountants (ICAEW)
FAQs
Do I need a solicitor or can I do probate myself?
A solicitor is not legally required, however, it is not recommended that you undertake the probate process on your own. Solicitors have the qualifications, experience and knowledge in probate matters, ensuring costly mistakes and delays are avoided.
What are disbursements and why are they required?
Disbursements are costs for third-party services (such as bankruptcy checks) and are essential to the process.
Is inheritance tax part of probate costs?
Yes, any inheritance tax due must be paid before you can apply for probate.
How do probate fees differ with and without a will?
Probate without a will can be more expensive than probate when there is a valid will. This is due to additional work the solicitor needs to complete and any extra costs, such as dealing with shareholdings or a property sale.
