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A simple guide to probate fees
1. A Simple Guide to Probate Fees
If you have just lost a loved one, probate
fees are probably the last thing you want
to think about. So this simple guide
should save you a lot of research.
Who Needs to Pay Probate Fees &
Why?
Basic fees need to be paid in order to gain access to your loved ones finances after
death. You need to complete probate form PA3 and submit it to HM Courts and
Tribunals Service with £105. They will then give you permission to deal with the
deceased’s estate and access their finances.
But it isn’t necessary to apply for probate in some cases. If the deceased has left less
than £5000 in the bank, after funeral expenses, or in the case of some banks, under
£10,000, the bank may grant you access to the account on proof of death. In this case
you will not need to apply for probate or pay the fee.
If your loved one has left in excess of these sums, you will need to pay the £105 fee to
gain access to their finances. You will also need to pay an additional £1 for a letter for
each financial institution you need to get permission from.
There is another way you can avoid paying the £105 fee. If all your loved ones assets
are in joint names with you, you can simply apply to the financial institutions to have
them transferred into your name. In this case you will not have to apply for probate,
or pay the fees.
Beyond Basic Probate Fees
Getting permission from HM Courts Tribunals Service are just the basic probate fees
you are likely to face. If the deceased has left complicated financial affairs, you may
feel the need to get legal experts to deal with everything on your behalf.
Even if you are adept when it comes to dealing with finances and taxes, it can be
difficult to cope with when you are dealing with the loss of your loved one at the same
time. And getting someone to deal with the estate on your behalf will cost additional
money, on top of the basic probate fees, but it may be worth it if the estate is large
and you don’t feel that you can deal with it all yourself.
How Much Do Legal Experts Charge for Dealing With Probate?
Legal fees for dealing with probate vary but you will usually be charged in one of the
following ways:
1) Hourly Rate
2) Percentage of the estate
3) Per Activity Fee
4) Fixed Fee Probate
Before you consider appointing a legal expert to deal with probate, make sure you
know exactly how you are being charged, then at least you will have some idea of
what fees you will be expected to pay.
2. If you are paying an hourly rate, ask what it is from the beginning. Solicitor’s fees are
never cheap and some charge as much as £300 per hour.
If your legal expert takes a percentage of the estate, make sure they are very clear
about what that percentage will be. Many solicitors charge a fee of 1.5%. While that
may not seem much, it is actually £15,000 on an estate of $1,000,000. So make sure
you ask yourself if your solicitor will need to do enough work to justify such a sum.
If your solicitor is working on a per activity fee, ask them for a sheet that breaks down
what they charge for each activity. When you are paying £30 for a phone call, £100
for a letter and £10 for a simple email, fees can soon mount up.
Many people faced with the task of dealing with probate now opt to appoint a probate
expert on the basis of fixed fee probate. Basically they sit down and talk to the
probate expert and fixed probate fees are agreed for the handling of the estate. This
gives peace of mind at a time when you have enough concerns, without worrying
about spiralling legal fees.
IWC Estate Planning & Management Ltd. are a specialist
Will Writing and Probate Company offering nationwide
coverage. The company provides fixed fee probate
services; rates are agreed with clients in advance. Fees
are based on the work that has to be carried out, rather
than the estate value or at an hourly rate.
IWC are regulated by the Society of Will Writers and Estate Planning
Practitioners and registered at Companies House. Their head office is located
in Croydon, Surrey, with satellite office coverage across most of England.
Follow us on Twitter @IWCLtd