Applying for the grant
At Askews Solicitors, we can help you through this difficult process by obtaining the Grant of Probate on your behalf.
If the estate you are administering is non-contentious and is not taxable and does not include any assets held in trust, then our fixed fee service is charged at a maximum of £750 (incl. VAT).
We will provide you with a dedicated and experienced probate solicitor to work on your matter.
This fixed-fee service includes our advice and guidance to you detailing the information and valuations you will need to provide and the institutions that will need to be notified.
We will then complete the inheritance tax papers and other estate papers required for the executors to sign, in order to obtain the grant. The grant would then be forwarded to the executors for them to collect in assets, or transfer or sell property as may become necessary.
We would be very happy to provide further advice and support at this time, however there would be further costs incurred and we would discuss this with you.
If the estate becomes taxable, or there are other complexities arising which mean that an application to HM Revenue and Customs directly becomes necessary or tax becomes due, then our fixed fee will be increased or an hourly rate (see hourly rate fee structure) can be applied but this would always be discussed in advance with you.
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Disbursements which may be charged in addition to the fixed fee are:
- Probate application fee of £273 with £1.50 per additional copy, however this fee is set by the courts and is currently in consideration by Parliament and this may change in the future.
- £7 Swearing of the oath/affidavit (per executor) in some cases.
- Bankruptcy-only: Land Charges Department searches (£2 per beneficiary) and £3 if it is necessary to check the title to any property owned by the deceased.
- If there is property in the estate then estate agents and surveyors often charge a fee and this would be payable by the estate. We would discuss this and the options available with you.
- A fee to post a notice in the London Gazette and a local paper, which protects against unexpected claims from unknown creditors. This is charged by the printers per letter and so the cost is subject to change. This is usually in the region of £250 (incl. VAT).
Potential additional costs
- Some estates are chargeable to Inheritance Tax, Income tax or Capital Gains tax, and these costs will be raised with you if they become relevant.
- We will advise you in respect of insurance policies which may need to be considered by executors to protect property in the estate and any costs of this will be discussed with you.
- Dealing with the sale or transfer of any property in the estate is not included and we would pass you to our conveyancing department who would provide you with a competitive quote for such work.
- If there is a claim by the Department for Work and Pensions against the estate for overpaid benefits, then this can add delays and cost to the estate, we would discuss this with the executors.
How long will this take?
On average, once we have received from you the necessary information then an application for the grant will typically take some 16 weeks. We would then forward the grant to you and you will collect in, sell or transfer the assets as shall become necessary.
You would also be responsible for settling any liabilities of the estate, and distributing assets to beneficiaries.