After someone passes away, a solicitor is usually hired to handle the legal process (known as probate). This ensures that all necessary taxes are paid and the deceased’s wishes are properly carried out.
Fixed fee probate is when solicitors charge you a set figure for their probate services, rather than billing by the hour or taking a percentage of the estate.
This option is ideal for complex estates, as it provides cost certainty and eliminates the risk of an unexpectedly high legal bill. However, for simpler estates, an hourly rate is usually cheaper.
Most websites out there quote wide-ranging fixed fees, which make it impossible to find the one that meets your needs. Compare My Move will match you with up to 6 probate solicitors who will discuss your needs and provide you with a quote meeting your exact requirements.
How Do Fixed Probate Solicitors Work?
- Initial Consultation: Your solicitor will assess the estate, including its size, assets, beneficiaries, and any complexities.
- Quote & Agreement: Based on the estate’s details, the solicitor will provide a fixed-fee quote.
- Document Preparation: The solicitor will prepare key legal documents, including the probate application and inheritance tax forms.
- Submission to HM Courts & Tribunal Service: The solicitor files the necessary paperwork and follows up with the court.
- Estate Distribution: Once probate is granted, the solicitor ensures assets are transferred to beneficiaries as per the will.
Benefits of Fixed Fee Probate
Faster Processing
Fixed fee solicitors will expedite the process as much as possible because they will want to avoid added costs of their own. Some timeframes are out of their control and probate takes on average 6-12 months whether you use a solicitor or not. When it comes to filling in forms and conducting checks, fixed fee probate solicitors are likely to do so quickly.
Peace of Mind
Having a fixed fee probate service offers you peace of mind that everything is taken care of for you. Many experienced firms offer this pricing structure because they are confident in the work they carry out. This helps assure you that they are compliant and can reduce the risk of costly errors.
Disadvantages of Fixed Fee Probate
Limited Scope of Services
While fixed fee probate services provide a clear cost structure, the range of services included can vary between firms. Most providers will offer an itemised breakdown, but complex estates (such as those involving multiple bank accounts, foreign assets, or legal disputes) may not always be fully covered.
Potential for Additional Fees
If unexpected complexities arise, such as a contested will or assets requiring extensive legal work, additional charges may apply beyond the fixed fee. This can reduce the predictability of costs, which is one of the key advantages of choosing a fixed fee service.
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Hourly Rate vs Fixed Fee Probate: Which is Better?
Hourly Rate Probate
With an hourly rate, solicitors charge based on the time spent working on your case, regardless of the specific task. This can be an efficient way to pay only for the work completed. If the estate is straightforward, this method may result in lower overall costs.
However, if the estate is complex and requires significant legal work, costs can quickly escalate, leading to a much higher bill than initially expected. Since the final cost depends on the time required, it is difficult to predict the total expense in advance.
Fixed Fee Probate
Fixed fee probate provides a single, agreed-upon cost covering a broad range of probate services. This eliminates uncertainty, as you know from the start how much you will pay, regardless of how long the process takes.
This approach is particularly useful for more complicated estates, where legal work may take longer than anticipated. However, if the estate turns out to be relatively simple, the fixed fee may end up being higher than what you would have paid on an hourly basis.
Which Option is Best?
Hourly rates are generally more cost-effective for simple estates with minimal assets and no disputes. Fixed fee probate is better suited for more complex estates, providing cost certainty and avoiding unexpected legal expenses. The best choice depends on the level of complexity and your preference for cost predictability.
Hourly rates are generally more cost-effective for simple estates with minimal assets and no disputes. Fixed fee probate is better suited for more complex estates, providing cost certainty and avoiding unexpected legal expenses. The best choice depends on the level of complexity and your preference for cost predictability.
Fixed Fee Probate Costs
In the below table, we've broken down some of the top companies that provide probate services at a fixed rate:
| Stephensons | Ison Harrison | JMW Solicitors | UK Probate | Harold Stock & Co | Shanahans Solicitors | Co-op Legal Services | |
|---|---|---|---|---|---|---|---|
Cost (+VAT) | £1,250-£750 | £2,073-£8,673 | £6,000-£12,000 | £750 | £1,480 (incl VAT) | £1,500-£4,500 | £2,694-£19,765 |
Estate Size | Up to £325,000 | Up to £350,000 | Varies | Varies | Varies | Varies | Up to £2.5 million |
*Data taken from Stephensons, Ison Harrison, JMW Solicitors, UK Probate, Harold Stock & Co, Shannahans Solicitors, Co-op Legal Services
The figures above demonstrate how wide-ranging fixed probate fees can be, which makes it difficult to determine the exact cost upfront. Some firms calculate their fixed fees on an hourly basis and provide a quote in advance, while others base their charges on a percentage of the estate value.
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Disbursements (Additional Fees)
As part of their fixed fee service, your solicitor will handle numerous tasks on your behalf. However, some additional costs, known as disbursements, may be charged separately. These are third-party fees that are unavoidable in the probate process. Below is a summary of common disbursements:
| Disbursement | Fee |
|---|---|
Bankruptcy Search | £2.00 |
Probate Application Fee | £300 |
Copy of Grant | £1.50 per copy |
Electronic ID Verification | £5.00 |
The Gazette/Local Newspaper Ads | Varies |
*Data taken from Stephensons, Harold Stock & Co
How to Avoid Being Overcharged
Though using a fixed fee service can help reduce the overall amount you pay, here are some tips to make sure you don't incur any unexpected additional costs:
Read the full breakdown of the cost provided
Query anything that you are unsure of
Read the terms and conditions for any hidden costs
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Probate Timescale
Probate can take between 6 and 12 months in the UK. This includes calculating the value of the estate, paying any inheritance tax owed and applying for probate. The exact timeline will depend on a range of factors such as the size and complexity of the estate. Government data states the current wait time for probate to be granted at court is 4 weeks.
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Compare Probate Solicitors Today
Fixed fee probate is a great option for those wanting to get a cost upfront to help calculate inheritance value. Whilst some probate solicitors will offer a fixed fee probate service, this will depend on the size and complexity of the estate.
Compare My Move connects customers with verified probate solicitors. Fill in our probate comparison form to receive quotes from up to 6 solicitors. You can compare quotes and save money on your solicitor fees.
Our probate partners have passed a strict verification process to join our network. This includes being regulated by one of the following:
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)
