A grant of probate, included in a grant of representation, is a document giving the executor permission to handle a person’s estate.
This means paying debts on the deceased person’s behalf and distributing their belongings in accordance with their wishes. This process is also known as probate.
What is a grant of probate?
A grant of probate gives the executor legal authority to deal with the deceased person’s estate.
How much does an estate have to be worth to go to probate in the UK?
Probate is usually required when someone passes away and leaves behind an estate worth £5,000 or more.
What is the average cost of probate in the UK?
Probate fees in the UK are often calculated as between 1% and 5% of the value of the estate, plus VAT. Smaller estates are more likely to be charged a fixed fee. The exact cost depends on the circumstances of the estate.
It is difficult to calculate an average cost because probate fees vary depending on each person’s situation.
What are the probate costs across the UK?
If the estate is valued at under £5,000, applying for probate is free. If it is worth more than that, it costs:
- £273 in England and Wales, or £155 if you apply through a solicitor
- £200 in Scotland, where the process is called confirmation
- £220 in Northern Ireland
There are also additional fees associated with probate. These vary depending on factors such as how complex the estate is and whether you apply yourself or use a legal professional.
It is also usually worth paying for several extra copies of the grant of probate. A common recommendation is to get at least five extra copies. If you order them at the same time, they cost £1.50 per copy.
How much do solicitors charge for probate?
The cost of hiring a solicitor to carry out your probate can vary significantly. It depends on the value and complexity of the estate, as well as how the firm calculates its fees.
You can usually expect probate fees to amount to between 1% and 5% of the value of the estate. So, if the estate is valued at £100,000, probate fees may range between £1,000 and £5,000. This does not include VAT or any court fees.
Some firms also charge an hourly rate. However, this does not necessarily mean they will be more expensive, as they may take a lower percentage of the estate value. Other firms offer a fixed fee based on the estimated work involved. Most banks offer similar administration services, but often at a higher cost than a solicitor or specialist probate company.
Because probate fees can be calculated in different ways, it can be difficult to judge whether you are getting good value. If you are an executor looking for someone to administer the estate on your behalf, comparing prices from several firms is a good way to find the best service at the right price.
Do I need to apply for probate?
If you are the executor of a will, you will usually need to apply for probate to administer the estate. The will normally states who the executor or executors are.
Only one person can make the application, but if there are multiple executors named in the will, up to four can be named on the application.
If only one executor applies when several are named in the will, they will need to show that they attempted to contact the other executors before making the application.
If you have been named as an executor but do not want to apply for probate, you have several options:
- Renunciation: Fill in a renunciation form to give up your rights completely
- Power reserved: Reserve your right to apply for probate if another executor is unable to do so
- Appoint an attorney: Appoint someone to act on your behalf
If a person dies without a will, the rules of intestacy apply and an eligible person can request a grant. This person is known as an administrator rather than an executor. They apply for letters of administration, not probate.
When you don’t need probate
In most cases, obtaining probate is a necessary step. However, you may not need it if:
- The deceased’s assets were all jointly owned, as they will automatically pass to the surviving owner or owners
- The deceased only had savings or premium bonds
As each organisation, such as a bank, has its own rules about releasing assets, you will need to contact each asset holder to find out whether they require a grant of probate.
Can you do probate without a solicitor?
Yes, hiring a solicitor is entirely optional and it is possible to carry out the whole process yourself.
However, the probate process often takes between 9 and 12 months to complete. It can take longer if the estate is complex or if problems arise, such as difficulty locating a beneficiary or a challenge to the will.
There is a lot involved in administering a deceased person’s estate, which is why many people choose to appoint a solicitor to act on their behalf.
The cost of applying for probate depends on how simple the case is and how large the estate is. Whether you are willing to pay solicitor’s fees on top of that is a personal decision, but many people find that professional support gives them greater confidence throughout the process.
