Probate and Estate Administration Services in England and Wales

When someone passes away, their estate includes all of their assets and debts. Dealing with the legal process of estate administration can be complicated. This is true whether or not a will has been left. At Marshalls, we offer expert legal guidance for executors and administrators across England and Wales.

Understanding the Deceased’s Estate

The Role of a Will and Executors

If the deceased left a will, they will have named one or more executors to carry out its instructions. These individuals are responsible for managing the estate as the deceased wished.

Dying Without a Will: Intestacy Rules

If a person dies without a will, this is known as dying intestate. The rules of intestacy then determine how the estate will be shared out. In such cases, a close family member usually applies to the court for Letters of Administration. This formally authorises them to act as the Administrators or Personal Representatives of the Estate.

Grant of Representation: Probate and Letters of Administration

Executors may need to apply to the court for a Grant of Representation. This is often called a grant of probate. It is particularly necessary for land or other significant assets. The grant confirms their authority to manage the estate. For clarity, both executors and administrators are collectively known as Personal Representatives of the Estate.

Responsibilities of Personal Representatives

Personal Representatives have vital duties. These include, but are not limited to:

• Finding the full value of the estate.
• Collecting all assets.
• Paying off any debts or liabilities.
• Managing and paying any Inheritance Tax due.
• Distributing the estate according to the will or the rules of intestacy.

Furthermore, if there are not enough assets to cover all debts or gifts, the law sets out the order in which liabilities and gifts must be paid.

Marshalls’ Probate and Estate Administration Services

If you are an executor, or are thinking about applying to become an administrator for an estate in England and Wales, Marshalls can assist you. Our experienced team will guide you through every stage of the probate and estate administration process.

Initial Consultation & Cost Information

We understand that estate administration costs can vary greatly. This depends on the estate’s value and complexity. Each case is different. It could range from a small savings account to a large property portfolio, investments, and business interests in the UK and overseas.

Therefore, we offer an initial fixed fee consultation to discuss your specific needs. During this meeting, we can provide a detailed breakdown of likely costs, VAT, and disbursements. In some cases, we can agree a fixed fee for our services. If a fixed fee is not practical, we will provide our best estimate. We review this regularly as the matter progresses.

Applying for the Grant of Probate/Letters of Administration

Some clients prefer to gather asset and liability information themselves. They then instruct us solely to apply to the court for the Grant of Representation. Once granted, they manage the remaining estate administration. This includes turning assets into cash, paying liabilities, and distributing the estate.

Fees for Grant of Representation Only

For an estate where Inheritance Tax is not payable, our fee for preparing and submitting the application for the Grant of Representation is £745.00 plus VAT of £149.00 (total £894.00). Please note that this does not include a court fee of £300.00 and £1.50 per extra copy of the Grant. An identity and address verification search costs £15.00 plus VAT of £3.00 (total £18.00 per person).

Key Stages for Grant of Probate Only Service

Key stages covered by this fee include:

• Confirming identity and meeting money laundering requirements.
• Providing a questionnaire for information and documents.
• Preparing IHT400 tax forms. These are sent to HM Revenue and Customs or the Court. They provide information on the estate’s value and determine if Inheritance Tax is due.
• Drafting the necessary paperwork for the court application using the online system.
• Arranging for you to check and sign the documents.
• Submitting papers to the court, arranging fee payment, and dealing with any questions.
• Reporting on receipt of the Grant of Probate or Letters of Administration.

Full Estate Administration Services

Alternatively, clients may ask us to handle the full administration of the estate. This is in addition to the court application.

Key Steps in Full Estate Administration

Key steps in full estate administration usually include:

• Identity verification and money laundering checks.
• Information gathering through a questionnaire.
• Arranging funeral payment from assets (if needed).
• Corresponding with debtors, creditors, banks, and building societies.
• Arranging asset valuations by suitable professionals.
• Placing advertisements in the London Gazette (if needed).
• Searching UK investment institutions and the Certainty National Wills database.
• Preparing IHT400 tax forms to determine if Inheritance Tax is payable. Liaising with you to arrange payment of Inheritance Tax.
• Preparing and submitting court application paperwork.
• Reporting on receipt of the Grant of Probate.
• Collecting estate assets (e.g., closing bank accounts, cashing shares, receiving insurance policies).
• Settling estate liabilities.
• Preparing and agreeing estate accounts.
• Distributing funds to beneficiaries.

Timescales for Probate & Estate Administration

Grant of Probate Application Timescale

Once we have all necessary information, the court typically takes about 4 months to issue the Grant of Representation. However, court processing times can vary and are beyond our control.

Full Estate Administration Timescale

Generally, most estate administrations are completed within 12 months. Nevertheless, estates involving foreign property or complex issues may take much longer. This includes missing information or civil claims. We will provide an estimated timescale once we have enough information. For any foreign aspects, we engage qualified agents. We are only qualified under English law.

Our Probate Charging Basis & Hourly Rates

Fixed Fee for Average Estates

For an average estate (e.g., one property, a bank account, and the deceased was employed), we can often offer a fixed fee of £2,450.00 plus VAT of £490.00 (total £2,940.00), plus disbursements. This is our most common fee. It does not include conveyancing costs for property sales or dispute resolution. Our standard conveyancing fees apply separately. Details are available on our website.

Hourly Rates for Complex Estates

For more complex estates, our hourly rate applies. These include estates with businesses, overseas assets, significant wealth, or civil claims against the estate. Our current hourly rate is £245.00 plus VAT of £49.00 (making a total of £294.00 per hour). This rate covers discussions, correspondence, advice, document preparation, and letter writing. Complex estate administration costs can range from £10,000.00 to £20,000.00. We will provide an initial estimate for complex cases and review it regularly.

Our Expert Team

Your probate case will be handled by Denyse Marshall. She is a solicitor with over 35 years of post-qualification experience. She also works with the assistance of Jo Rundle, whom she supervises. Jo has a Business Degree and over 20 years’ experience in the legal sector.

Likely Disbursements

Disbursements are fees paid to third parties during estate administration. These are not under our control.

Common Disbursements (Not Subject to VAT)

Common disbursements in every case (not subject to VAT) include:

• Court fee to apply to the court for the Grant of Probate: £300.00
• Court fees to obtain Copies of the Grant: £1.50 per copy

Other Common Disbursements (VAT Applies)

Other common disbursements and payments (VAT at 20% applies) are as follows:

• Residential Property Valuation: The cost varies from nil to around £500.00 plus VAT of £100.00 (total £600.00) per property. We may be able to use the average of several market appraisals for a modest estate. A formal valuation may be required.
• Valuation of Jewellery, Artworks, or Other Assets: Typically, the cost will range from £50.00 to £500.00 plus VAT (£10.00 to £100.00). This makes a total of between £60.00 and £600.00 for each item. Once we know what assets are in the estate, we can provide an estimate tailored to your situation.
• Share Valuation: The cost varies from nil to £5,000.00 plus VAT of £1,000.00 (total £6,000.00). This applies if the information is available from public sources, as it often is. The higher cost is for the valuation of commercial business assets or a substantial investment/commercial property portfolio.
• Advertising in the London Gazette and in a Local Newspaper (to notify any creditors that they need to make their claim against the estate before you distribute the estate to the beneficiaries): Approximately £400.00 plus VAT of £80.00 (total £480.00).
  
   
• Carrying out a Search via the Certainty National Wills Register (to see if another will exists and to see if there are UK accounts and investments of which you are unaware): £155.00 plus VAT of £31.00 (total £186.00).
  
   

To discuss your probate or estate administration needs, please telephone us on 01752 254555 for an initial consultation. Alternatively, you may contact us via our contact form.