Grant of probate (where there is a Will) or a grant of letter of Administration (where there is no Will) is the lawful directive issued by the court to enable the executor or administrator to administer the estate in accordance with the Will or laws of intestacy.
We provide advice and assistance in connection with the whole probate process and can act as professional executors and administrators of the estate. We deal with the administration of a deceased person’s estate from registering the death to negotiating any final settlements of tax with HMRC and distribution of assets.
Stan Kelly Probate Services Limited are authorised and regulated by CILEx Regulation as a CILEx-ACCA Probate Entity (3002090) to provide probate legal services. If we carry out both grant of probate/letters of administration work and estate administration work, we are authorised and regulated by CILEx Regulation for the probate work alone. The administration of estate work will be carried out by our accountancy firm, Stan Kelly & Co Ltd, which is authorised and regulated by the ACCA. You can speak to us if you need any clarification about this.
1. Grant of Probate Only
We would expect the executors to provide us with all the valuations of the estate assets and liabilities, and information required in order for us to complete the application forms to obtain the Grant of Probate. We will provide a template for the information we require. We would expect to draft the papers for signing and apply for the Grant in 2-3 weeks following receipt of the information The Grant of Probate should issue 3-4 weeks after that if a full IHT return is not required, or if a full return is required, the time to issue should be 6-8 weeks, subject to Probate Court and HMRC turnarounds.
2: Full Estate Administration
Where we will notify companies, beneficiaries and arrange valuation of the assets and liabilities, we would expect to be able to apply in 4-10 weeks depending on the complexity of assets. The issue of the Grant would then be as detailed above, subject to making any arrangements for payment of inheritance tax required.
Once the Grant of Probate is issued, we would arrange to collect in the assets, pay any liabilities and expenses, pay any legacies and distribute the estate. This can take between 2-4 months for simple estates and can take between 6-18 months for more complex estates where delays can be encountered through agreeing the inheritance tax position, selling the property, dealing with the investments, and settling the income and capital gains tax position. A full set of estate accounts will be produced for the executor’s approval at the end of the administration before final distribution which will be sent to the residuary beneficiaries when making final distributions.
Estate Administration – Duration of the process
Phases of estate administration:
Duration of this type of service
Stan Kelly Probate Services Ltd, CILEx-ACCA Probate Entity will provide the following services:
Work to be undertaken | Timescales |
Examine the Will and executor’s duties | At initial meeting – 1 week |
Review of the assets and liabilities /
Consider any appropriate nil rate bands, allowances and exemptions and gifts affecting the inheritance tax position / Prepare IHT400 and the Application forms /Legal Statement, calculate any tax owed, advise on timings and options for payment |
2-3 weeks from when information received from executor |
Arrange for inheritance tax forms and
application forms and legal statement to be signed. Submit the forms and obtain receipt for payment of IHT |
1-2 weeks dependent on meeting arrangements |
Submit application to the Probate Court,
with the tax receipt to obtain the Grant of Probate or letter of administration. |
3-4 weeks after above |
Issue of the Grant of Probate by the Probate Court and the requisite number of office copies to pass to executors to collect and distribute the assets of the estate | Currently 6-8 weeks from submission
(would usually be 2-3 weeks) |
Additional Service: | Timescales |
Consider IHT loss relief claims on assets
sold by executors, report any corrective figures to HMRC, deal with any HMRC queries and obtain IHT clearance |
2-3 months once details provided by
executors ** time-based fees apply |
Stan Kelly & Co Ltd Chartered Certified Accountants will provide the following services if instructed to administer the estate:
Work involved | Timescales |
Review of the will and executor’s duties | At initial meeting – 1 week |
Prepare and submit statutory notices to claimants in the London Gazette and local press and undertake Will and asset searches for later Wills or unknown assets in the deceased’s name. Review of assets and liabilities and obtain valuations | 3-6 weeks depending on assets |
Liaise with all beneficiaries and advise them of their entitlement | 3 weeks unless later contact agreed with executor |
Consider any transferable nil rate band etc. | 4-6 weeks once asset details known |
Prepare the relevant tax forms (IHT205 or IHT400) and provide Statement of Affairs to executor/ Calculate any tax owed, advise on timings and options for payment | 5-8 weeks depending on asset information received |
Arrange for signing of IHT papers and statement of truth | 1-2 weeks after above |
Pay any IHT due, submit the IHT form and obtain receipt from HMRC | 4-6 weeks after above |
Apply to the Probate court to obtain Grant of Probate and requisite number of office copies | Currently 6-8 weeks after above (would usually be 2-3 weeks) |
Collect assets, pay outstanding liabilities, reimburse Executors’ expenses, and pay legacies | Up to 8-10 weeks from issue of Grant |
Prepare and email a beneficiary statement of affairs to the residuary beneficiaries and correspond with executors. Also contact beneficiaries regarding the transfer of assets and distribution of the estate. | Up to 8-10 weeks from issue of Grant |
Consider IHT loss relief claim on assets sold by executors. Reconcile and agree figures with HMRC, deal with any HMRC queries thereof and make any additional payments including income tax and capital gains tax and obtain IHT clearance where applicable | Depending on realisation of assets timescales, e.g. sale of property |
Prepare estate accounts for executor approval, pay balance to beneficiaries and prepare tax deduction certificates | 2-4 weeks of administration being complete |
Stan Kelly Probate Services Ltd offers a range of fixed fee and time-based services depending on the activities required.
Grant of Probate Only – Fixed Fees Instances
Generally, we charge a fixed fee for this service which depends on the complexity of the estate.
Our fees start from £960 (£800 plus Vat at 20%) for an estate which will not pay inheritance tax (IHT) and will not require tax allowances to be transferred from another estate (often referred to as a transferable nil rate band application). The normal range of fees for such work range from £960 to £1,800 inclusive of Vat.
If the estate will pay IHT our fees start from £1,200 but in order to provide a fixed fee or estimate of our fees we would require information about the estate so that we may understand the work required. The normal range of fees for such work range from £1,200 to £2,400 but may exceed this, for example if matters involve assets or gifts complexities made by the deceased which require in complex reportage to HMRC.
In cases where we are instructed to obtain the Grant of Probate or letter of administration only, our involvement ends once the Grant or letter is obtained. From thereon it will be the responsibility of the executors to wholly administer the estate.
Fixed fee services: where a full IHT return is not needed
Fixed fee services: where a full IHT return is needed
Fixed fee percentage rate services
We offer our Full Probate & Estate Administration Service on a fixed fee percentage rate, whereby the total cost is a percentage of the total gross value of the assets that we deal with.
Flat fixed fees range from 1.5% to 3.0%
This is usually the ideal basis of charging as it is easy, simplified and transparent for the executors and persons involved.
Full estate administration – Fixed fees Illustrations
Wherever possible, we can provide the option for this to be carried out on a fixed fee basis. Examples where a fixed fee may not be possible include:
We may still be able to provide a fixed fee by excluding such elements from the fixed fee and charging those at our hourly rates.
Simple Estate Example and Price Guide – Estate value £150-£250k
Valid Will with 1-2 executors acting |
Up to 1 property |
Up to 2 bank/building society/liquid assets |
No trusts/disputes or claims |
Up to 4 pecuniary (cash) legacies |
Up to 4 residuary beneficiaries |
No inheritance tax to pay |
HMRC shorter return (IHT205) required |
PRICE GUIDE: Full Estate Administration 1.0-2.5% – in the region of £1,500 to £6,250.
EXAMPLE 1:
Total cost = £150,000 * 1.0% = £1,500 + VAT @ 20% = Total £1,800
Complex Estate Example – Estate Value £500k-£1m
Valid will with up to 4 executors |
Straightforward intestacy position |
Over 4 residuary beneficiaries |
1 or more property |
Over 4 pecuniary legacies |
Multiple cash assets |
Trust in the will or a connected lifetime trust |
Investment portfolio/ shareholdings |
Minor beneficiaries |
HMRC full return (form IHT400) required |
Complex estate accounts/devolution |
Inheritance tax payable |
Income tax returns to be completed |
Pricing indicators: Full estate administration – 1.5% – 2%
Property value £500,000 to £1000,000
£7,500 + Vat = £9,000 (£500,000 * 1.5%) to £20,000 + Vat = £24,000 (£1,000,000 * 2%)
Sometimes it is a challenge to ascertain whether or not these issues will be applicable at the beginning of the case and they may only become clear after a quotation has been agreed and a degree of work must have commenced on your behalf.
Once we are aware of any issues that will influence or impact the level of our fees and/or disbursements (see below) payable, we will inform you and give you an indication of the likely impact.
Matters in all Estate Administrations which may give rise to additional costs
Disbursements – 3rd party costs which may be incurred during the administration.
We will handle the payment of these disbursements on your behalf to ensure a smoother process (all figures inclusive of VAT if applicable)
In addition to the above, there may also be valuation fees, estate agents commission and conveyancing costs, and any taxes payable to HMRC in the estate.
Example of Fee estimation
An example of our fees’ estimation is quoted below: | Net (£) | VAT (£) | Gross (£) |
Drafting and submitting the application to the Probate Registry by Stan Kelly Probate Services Ltd | 800.00 | 160.00 | 960 |
Valuation and administration of the estate by Stan Kelly & Co Ltd | 3,815.00 | 763.00 | 4,578.00 |
Disbursements (see below) | 3,939.00 | 710.00 | 4,649.00 |
Total fees | 8,554.00 | 1,633.00 | 10,187.00 |
The fees above are estimated based on the provision of information and scope of work. Should these requirements not be met we reserve the right to notify you of a revised figure or range and seek your agreement to the change.
We do expect to incur disbursements and other professional fees. Shown below are likely disbursements we incur on your behalf, and likely expenses in the course of carrying out our work for you. These will be added to our invoices where appropriate, unless agreed otherwise.
Disbursements | Net (£) | VAT (£) | Gross (£) |
Probate Registry fee | 273.00 | 0.00 | 273.00 |
Four official copies of the grant of probate | 6.00 | 0.00 | 6.00 |
Notices in a local paper | 100.00 | 20.00 | 120.00 |
Notice in the London Gazette | 110.00 | 0.00 | 110.00 |
Fee for the valuation of the property | 450.00 | 90.00 | 540.00 |
Fee for the sale of the property ** | 3000.00 | 600.00 | 3600.00 |
Total estimated other costs | 3,939.00 | 710.00 | 4,649.00 |
** min. 1% fee based on £300,000 property sale value.
Our fee for uncontested probate matter is between £625 – £750 + Vat (£750 – £900 Inc Vat) for a grant.
See below:
Estate value up to and including £350,000 — £625 + Vat = £750
Estate value over £350,000 — £750 + Vat = £900
Our fee for uncontested probate matter for Estate administration is 1% of gross value of estate with a minimum fee of £1200 + vat (£1440 includes Vat).
The above-fixed fee is only applicable if all assets are located in the UK.
Depending on the complexity of your case, we have the right to charge hourly rate for our work at the following rate: £200 + Vat (£240) per hour.
Home and care home including hospital visits are charged at £75 + Vat within the London area. Extra may be charged outside the London area.
On a broad base, our fee estimate is based on the following:
Timing of the process could take up to 52 weeks.
Obtaining grant of probate can take up to 10 weeks.
Other processes of the administration could take up to 42 weeks.
In the case of No Will, our fees could rise materially depending on the estate and how it is to be dealt with.
We can give an estimate for this once more information becomes available to us.
There are other costs that may be payable, such as probate registry fees between £255 to £275
Additional copies of grant letter at £1.50 per copy.
There may be additional professional fees depending on the case, such as estate surveyor, stockbrokers, legal fees for selling any property.