What is probate?
“What is probate”? and “How much does probate cost”? are two commonly asked questions from someone who has experienced a bereavement. This post aims to explain probate and direct you to low-cost probate services.
Probate is the legal court process of transferring an estate, including property, personal property, and the right to receive an inheritance, to the recipient’s heirs. However, probate is not always required. Once you are granted probate you will receive a government document which you can then take to the land registry, banks etc. This will give you the power to collect funds and likewise distribute them.
It’s also the process by which a personal representative (a trustee) is appointed to carry out the estate’s duties. The executor or administrator must prove that the deceased person had assets and that these assets are not subject to any debts.
However, probate can be time-consuming, costly, and complex, and that the executor or trustees of the estate may not have the authority to settle the estate.
Importantly you should not put any property up for sale or make other financial plans until the probate has been granted.
Key takeaways:
- Probate is not always required depending on the value of the estate.
- Probate is the legal process of transferring an estate including personal property to the heirs of the estate.
- Solicitors can charge a percentage of the estate to arrange probate, or a fixed fee.
- Probate in Scotland and Northern Ireland is generally significantly quicker than England and Wales.
Table of contents
Why is probate required
Generally probate is required for around 50% of UK deaths, if the estate is worth more than £10,000, and the assets were solely owned, probate is required. This process is required by law to ensure that the estate is distributed correctly.
How much does probate cost in England?
Here’s a breakdown of probate fees in England and Wales:
Estate value Over £5,000: The application fee is £300.
Estate value £5,000 or Less: There is no fee.
Extra copies: You can order extra copies of the probate document for £1.50 each.
Second application: If probate has already been granted, it costs £21 to make a second
application, even if the estate value is £5,000 or less.
How much does probate cost in Scotland?
Probate in Scotland is different from England. This is mainly due to the term used and some procedural differences. In Scotland, probate is called confirmation and obtained from the Sheriff Court, not the High Court like in England.
Here’s a breakdown of the fees in Scotland:
Estates under £50,000: Free
Estates between £50,000.01 and £250,000: £341
Estates over £250,000: £684
Optional certificates of confirmation: £8 each
Probate in Scotland & Probate in Scotland
How much does probate cost in Northern Ireland?
In Northern Ireland probate fees are based on the net value of the estate and are made up of two parts; the grant fee and the personal application fee. The personal application fee is charged if you are applying for a grant without legal help such as a solicitor.
Here’s a breakdown of the fees in Northern Ireland:
Estates under £10,000: Free
Estates over £10,000: £261.00
Personal application fee if over £10,000: £65.00
Extra Sealed Copies: £14.00 per copy
Using a solicitor for probate
If you use a solicitor for probate it can be expensive, but the cost varies depending on how involved it is to sort out the estate and the solicitor’s fee structure. This structure will generally be based on time. Solicitors may charge a percentage of the estate’s value, an hourly rate, or a fixed fee. Additionally to any solicitor fees, there are also disbursements, which are costs outside the solicitor’s control, such as court and valuation fees.
In some cases you may wish to stop a probate application due to legal reasons.
Many people shop around to save funeral costs and are often surprised by the cost of probate fees. Solicitors can charge a percentage between 2% and 5% of the estate value to carry out probate. This can obviously be a high fee, for example if the estate is £500,000 there would be a £10,000 to £25,000 plus VAT- £12,000 to £30,000!
What is a probate fees calculator UK?
A probate fees calculator is a tool, often provided by solicitors or legal websites, that estimates the cost of obtaining a grant of probate
How to avoid paying expensive probate
How much does probate cost? Thankfully, when it comes to affordable funerals and saving for funeral expenses, Farewill who are one of England’s largest probate services offer a low fixed fee probate from £595.00 or from £1,500.00. Farewill may well answer your search of ‘fixed fee probate solicitors near me’ as they cover England and Wales. Unfortunately due to different laws they do not cover Scotland and Northern Ireland.
Make sure you have all of or as many of the documents to hand before contacting the them below.
Farewill offer ‘Essential Probate’ from £595.00 (+ £273 probate registry fee) for a basic service with a simple to sort estate where by you would fill out most of the paperwork
or
Farewill offer ‘Complete Probate’ from £1,500.00 a full service if you are too busy and /or the estate is complex.
Farewill can also be contacted by telephone: 020 8176 6757
How long does probate take?
The average probate takes one to three months, however it can take up to a year if or maybe longer if complicated. Probate in Scotland and Northern Ireland is generally quicker than England and Wales.
Why does probate take so long?
One of the main reasons is that some people may not have a will, and beneficiaries have to be found or come forward to claim the deceased person’s property. Another reason is that a will may contain a lengthy list of beneficiaries.
There are many reasons why probate can take a long time. These include the estate’s size, complexity, and difficulty of the person’s estate. Probate can take a very long time, in cases where the estate is not so large, but the deceased person’s estate is complex.
The probate process UK
The probate process UK covers England, Wales and Northern Ireland. Probate fees are charged to the executor of an estate to put the deceased’s estate in order. An executor is a person appointed by the deceased to handle their estate. The executor must also pay probate fees for the estate. There are different rules for probate in Scotland.
The probate process starts with collecting the deceased person’s assets, typically handled by the executor or administrator of the estate.
The executor or administrator will file an application to distribute these assets. At this point, the probate process begins, and the executor or administrator must prove that the deceased person had assets and that these assets are not subject to any debts.
Once the executor or administrator has proven this, the government will grant the executor or administrator the authority to distribute the assets as the deceased person would have wanted. When the executor or administrator distributes the assets, they are no longer considered part of the estate.
Can I rely on a trust and avoid probate?
A trust is a legal arrangement that lets someone transfer their property to another person or company, with the trust acting as the property owner. The trust is then responsible for the property for a set period, at which point the trust will return the property to the original owner. A trust helps avoid probate for those who have a lot of property. However, a trust can also be used to avoid probate for those with little property.
What are the benefits and disadvantages of probate?
The executor can maintain the privacy of the deceased, and the executor can take their time to gather and distribute the assets. However, probate has a few disadvantages as well, the commonly asked question, “how much does probate cost”? is often answered with an expensive answer. Probate can be expensive, especially if you employ a solicitor who charges based on a percentage of the value of the estate. Additionally the executor can be liable for any debts and obligations of the deceased.
How is probate calculated?
During this process, the deceased’s property is sold to pay any outstanding debts and form capital for distribution. The proceeds are then distributed to the beneficiaries named in the will or legally entitled. It can be challenging for executors and administrators to determine how much the deceased had in assets, and how much will be necessary to pay the deceased’s debts. They may also pay inheritance tax and or capital gains tax on the assets sold during the process.
How pays for UK probate fees?
“How do I pay probate fees UK” and “can probate fees be paid from the estate” are popular searched for terms. Probate fees are normally paid from the deceased’s estate funds, not by the executor personally. The executor can pay the probate application fee and then seek reimbursement from the estate after the Grant of Probate is obtained. Likewise, if a professional such as a solicitor is assisting with probate, their fees can also be claimed from the estate.
Discount will writing service
Probate and wills are closely linked, probate is the legal process of proving the will’s validity and giving the executor authority to manage the estate. Writing a will is important but sadly more than 50% of adults die without leaving a will. Apart from saving possible family arguments over who gets what, a will can save on inheritance tax.
If however you have the less common long/complicated will, then it is generally advisable to see a solicitor face to face.
If you have the less common long/complicated will, then it is generally advisable to see a solicitor face to face.
Many people use a high street solicitor to write a will without realising that there are other low-cost regulated options available o the market.
Make a Will online offer an online service which uses regulated solicitors. The cost is currently £60 for a single will and £90 for a pair, i.e husband and wife.
Will writing specialists Elm Legal Services which covers England and Wales offer a will service from £99.00. They offer both an online and home visit service.
It is important to note that not all will writing services are regulated by the Solicitors Regulation Authority. This is important to bear in mind that if there were something wrong with the wording on the will which may not be discovered for years, then you would have no come back or compensation. For example some cheap online will writing services are not regulated.
Beware of obtaining a cheap or free will from banks or solicitors as they can put themselves as executors of the will and then charge high fees to administer the will. It is advisable to avoid this unless you have no friends or relatives to act as an executor.
You can also make your will public. Therefore, any person can view the will, but only those named in it can change it.
For a detailed look at wills, their regulation and other low-cost will writing services please visit the link.
No will?
If no will was left then the closest living relative normally applies to be administrator of the estate. The Government inheritance calculator can be used if there is no immediate close relative that can be determined
Conclusion
Usually, “How much does probate cost”? is the last order of business in the legal matters of a person’s estate. A will can be proven invalid if there is a legal challenge to the validity of it. Also, note that probate can take a long time, and the process can be expensive. However, you can use Farewill and implement the tips covered in this article to greatly reduce the cost of probate.
