Probate

 

 

Probate services

Compassionate support when you need it most

Dealing with probate can feel overwhelming, especially when you’re also coping with loss. We’re here to make the process simpler, with a compassionate team, straightforward advice and guidance and transparent fees.

We are a licenced to by the ICAEW to carry out non-contentious probate work.

Seamless probate and tax support under one roof

Unlike many probate solicitors who outsource tax queries to external accountants (adding costs and delays), our experienced probate team works closely with our in-house tax advisers to provide a fully joined-up service – saving you time, reducing hassle, and keeping costs low.

How our probate team can help

Our service is flexible – we can be involved as much or as little as you like.  We can manage the entire probate process on your behalf, including obtaining the Grant of Probate, completing any necessary Inheritance Tax Calculations and Returns, right through to advice and assistance with the administration of the Estate. Or, if you’re happy to undertake the full Estate administration yourself, we can simply apply for the Grant of Probate for you.

Services include:

  • Identifying estate assets and liabilities
  • Establishing relevant lifetime gifts and trust interests
  • Completing all formalities to obtain the Grant of Probate
  • Handling inheritance tax forms and payments, ensuring all reliefs and exemptions are claimed
  • Publishing statutory notices to creditors
  • Collecting assets and settling liabilities
  • Managing legacies and dealing with tax matters during administration
  • Preparing Administration Accounts
  • Distributing assets to beneficiaries

A probate service that puts your needs first

If you’re not able to get to our offices in Peterborough, Corby or Northampton our head of probate, Matthew Grief, is happy to meet you in your home or another location locally or even to meet via an online video call if preferred.

Cost of our probate service

We offer a range of pricing options for probate services to suit your individual circumstances and needs. (More information about fixed fee and full service probate options can be found in the Probate FAQs section below.) Unlike some solicitors and banks, we do not charge a percentage of the Estate.

Contact us for a bespoke probate quote

If you need help with probate or estate administration, get in touch for a friendly, no-pressure conversation. We’ll answer your questions, explain your options and give you a bespoke quotation – with no jargon and no surprises.

 

Compassionate, personal support

You’ll have a dedicated point of contact who takes the time to listen, handles everything sensitively and keeps you supported from start to finish.

Friendly, jargon-free guidance

We’ll explain probate in plain English – so you always know what’s happening, what we’re doing and what’s needed from you (without the legal speak).

Transparent fees – no percentage of the estate

Unlike many probate solicitors, we don’t charge a percentage of the estate’s value. Our pricing is clear and agreed upfront before we start any work.

Probate FAQs

 

What is probate?

Probate is often used to describe the process of managing someone’s affairs after they die. It can also mean the Grant of Probate, a legal document that authorises the executors named in the Will to administer the deceased’s estate Where this is no Will the Personal Representatives eligible to apply under the law of intestacy would instead apply for Letters of Administration from the probate office. 

How are probate fees calculated?

We offer a range of pricing options for probate services to suit your individual circumstances and needs. Unlike many solicitors and banks, we do not charge a percentage of the Estate.

Fixed fee packages for obtaining the grant of probate

These are ideal if your situation is relatively straightforward and you are happy to do some of the work yourself (such as calling in the Estate’s assets, paying liabilities or making distributions to the beneficiaries.)

Full probate service fees

Our fees for the full probate service will be charged on a time-spent basis. This means we only charge you for the work carried out on behalf of the estate and not the value of the estate.  We charge an hourly rate based on the experience and expertise of the person dealing with your case.

At our initial meeting with you we will gather information about the estate and provide you with an estimate for the work to be carried out. This fee estimate will be reviewed regularly and, if it becomes apparent that the original estimate will be exceeded for any reason, we will discuss this with you before carrying out any further work and obtain your consent to proceed.

All the work we do on your behalf is carefully recorded, and a copy of the timesheet can be requested at any stage in the process.

 

How much does obtaining probate cost?

EXAMPLE FEES

To give you an idea of the overall costs of the service, we have included some examples below:

Full probate service: Example 1 

Obtaining a grant of probate (simple)
Instructions received from a client who has lost her mother. We are instructed to obtain the Grant of Probate but are not required to assist with the administration of the estate.  The mother was a widow, and therefore the last surviving parent. There is a valid Will which is uncontested.  Our client is the sole executor of the Will, and the total value of the estate is £200,000, consisting mainly of bank accounts.  This is a straightforward estate and there are no complicating factors.
Our fees would be in the region of £1,800 including VAT and disbursements.  

Full probate service: Example 2

Full administration of estate including obtaining a Grant of Probate (complex)
Instructions received from a client who has recently lost his father. We are instructed to obtain the Grant of Probate and assist with the administration of the estate (including the provision of full estate accounts). The father was a widower, so the last surviving parent. The deceased had inherited his wife’s entire estate. There is a valid and uncontested Will, and our client is one of the two named executors of the Will, the second executor being his sibling. The total value of the previously inherited estate is £370,000 and the value of the father’s estate is £350,000. The combined total takes the value of the estate over the Inheritance Tax threshold, so a full Inheritance Tax account will have to be filed with HMRC. The estate consists of cash, residential properties, a property abroad and a private pension scheme.

Our fees would be in the region of £8,500 including VAT and disbursements.

We can also review an estate for the availability of valuable IHT reliefs such as Business Property Relief and/or Agricultural property relief and make the appropriate claims where appropriate.  We are also able to review and assist with the valuation of shares in private limited companies upon provision of the necessary information required.  Our fees for that service would depend on the complexities involved and we would be able to provide you with a bespoke quote upon receipt of initial information.

 

Do I need a Grant of Probate?

A Grant of Probate or a Grant of Letters of Administration is not always required. Where an estate is small and there is no property to be sold, it may be possible to administer and finalise the estate without obtaining a Grant. 

There is no fixed definition of a “small estate”. Whether probate is needed will depend on the bank or financial institution where the deceased held accounts, as each has its own threshold above which a Grant is required. These limits are typically between £5,000 and £50,000. 

How do I obtain a Grant of Probate?

To obtain a Grant of Probate, the executor must first value the estate and work out whether Inheritance Tax is due. This can be complex, as you also need to consider any substantial gifts made in the seven years before death. Inheritance Tax may be payable on these gifts too, using a sliding scale. 

Once the estate has been valued and any Inheritance Tax paid, you can apply to the Probate Registry for either a Grant of Probate or a Grant of Letters of Administration. This involves completing the relevant application form and submitting it with the original Will (if there is one), any codicils, and the application fee. HMRC will send confirmation of any Inheritance Tax paid directly to the Probate Registry. 

What are disbursements?
  • During the administration of the estate there will be administrative costs to be paid to third parties. Fees below are correct at January 2023. All prices exclude VAT.  These include:
  • Probate fee £300 plus £1.50 per court sealed copy
  • Land registry fees (per copy title document) £3.00
  • Bankruptcy Land Charges Services search (per name) £2.00
  • Statutory notices in the London Gazette and local newspaper to alert potential creditors of the estate £275 – £325
  • Anti Money Laundering / Due Diligence checks £5

 

How long does the probate process take?

Each estate is unique, and the timelines will vary depending on the complexity and type of assets. A Grant of Representation can typically be obtained within 6 months, and straightforward estates are usually completed within 12 months. More complex estates may take longer, with possible delays due to asset realisation or valuation issues that require agreement with HMRC or other third parties. 

Entire process on average 9 – 12 months
Pay any necessary inheritance tax Within 6 months after month of death
Placing Section 27 notices and allowing time for responses 2 months
Applying for Grant of Representation

  • Gather necessary information
  • Value estate
  • Complete the required forms
3 – 6 months
Collecting assets and settling debts of the estate 2 – 4 months
Receiving the Grant of Representation 1 – 3 months
Distributing the estate to beneficiaries 9 -12 months

Possible delays

  • Complex cases may take longer to distribute the estate to beneficiaries
  • Estates with property which need to be sold
  • Estates with missing beneficiaries or executors or if they are unwilling or unable to act
  • Creditor claims
  • Foreign Assets
What does the fixed fee package for obtaining the grant of probate include?

Our fixed fee options are ideal if your situation is relatively straightforward and you are happy to do some of the work yourself (such as calling in the Estate’s assets, paying liabilities or making distributions to the beneficiaries.) All prices quoted include VAT but exclude disbursements.

As part of our fixed fee packages, we will:

  • Identify the type of probate application needed and determine whether Inheritance Tax is due
  • Obtain the relevant documents needed to make the application for probate
  • Complete the relevant Inheritance Tax forms and the Probate application
  • On receipt of the Grant of Representation, we will forward it to you so you can administer the Estate.

Package 1

No Inheritance Tax is payable, and the value of the Estate is below the current nil-rate band of £325,000 and all necessary information is provided to us.
Fee: £1,800 inc. VAT

Package 2

No Inheritance Tax is payable due to transfer of nil-rate band and all necessary information is provided to us.
Fee: £2,500 inc. VAT

Package 3

Form IHT 400 is to be completed and/or Inheritance Tax is payable, and all necessary information is provided to us.
Fee: £3,600 inc. VAT

Fees the full probate process and assistance with the administration of the estate

We will handle the full probate process for you and assist with the administration of the estate.  This will involve:

  • Ascertaining the assets and liabilities in the Estate and contacting the relevant institutions to obtain date of death valuations
  • Preparing the necessary Inheritance Tax (IHT) forms
  • Calculating the IHT payable (if relevant)
  • Submitting the application for and obtaining the Grant of Representation
  • Placing Section 27 notices (these are advertisements that are placed to inform any potential creditors that the estate is going to be distributed)
  • Confirm the liabilities due from the estate (including any income tax, capital gains tax, or inheritance tax)
  • Preparing Full Estate Accounts
  • Confirmation of the distributions payable to the beneficiaries

 

What do I once probate has been received?

Once you have received the Grant of Probate or Grant of Letters of Administration, you can begin closing bank accounts and dealing with assets such as shares and property, including arranging any sales.  

After all assets have been realised and enough time has passed for creditors and any potential beneficiaries to come forward, you will need to prepare detailed estate accounts and then distribute each beneficiary’s share of the inheritance.  

Do I need to pay Inheritance Tax?

You may not need to pay any inheritance tax if the estate is worth £325,000 or less or if you leave everything above £325,000 to your spouse, civil partner or a charity. 

If you leave property to your children or grandchildren, an individual’s total nil rate threshold can increase to £500,000. If you were married or in a civil partnership and your spouse or civil partner died before you and their Inheritance Tax allowances were not used when their estate was administered, the allowances can be transferred to your estate. 

Working out Inheritance Tax can be complex, particularly where gifts were made in the seven years before death. If you are unsure how much is due, it is sensible to seek expert advice, as the estate may be charged interest and penalties if too little tax is paid. 

Personal representatives of an estate—executors and administrators—can be personally liable for any mistakes. This means they may have to reimburse the estate for any avoidable interest and penalties. 

If I am an executor, do I have to deal with the estate administration?

Estate administration can be complex and time-consuming. If you don’t feel able to take on the role, you can ask a probate specialist to carry out the process on your behalf. Their costs will usually be paid from the estate.  

What are the key stages in the probate and estate administration process?
  • Valuation: Personal Representatives (PRs) must identify and value all assets and debts, gathering information from banks, share registries, and land valuations. 
  • Inheritance Tax: Depending on the estate, an Inheritance Tax Account may need to be submitted before applying for the Grant of Probate. 
  • Applying for the Grant of Representation: This official document, issued by the Probate Registry, authorises PRs to manage the deceased’s estate. 
  • Estate Administration: After receiving the Grant, PRs can close financial accounts, transfer or sell assets, pay debts and taxes, and ultimately distribute the estate to beneficiaries. Administration Accounts will be prepared, and any necessary tax returns are completed or reported informally as appropriate. 
What does a personal representative do?

If you’re named as an executor in a Will, or appointed as an administrator when no Will exists, you take on the vital responsibilities of a Personal Representative (PR). This role carries legal obligations and often involves managing high-value assets. At Moore we can guide you through the process so you can fulfil your duties with confidence. 

 

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