What is probate?

Whilst it’s recommended to get professional legal advice, this doesn’t necessarily have to be from a Probate Solicitor. Some Solicitors only deal with a small number of estates as part of their varied practice, so they may not possess the specialist knowledge acquired through dealing with large numbers of probate and estate administration matters. Many professional providers can complete the probate application process on your behalf; this can help give you peace of mind that everything is being taken care of, and some of the liability is taken off your hands.

When seeking professional help, it's highly advisable to source a regulated provider; Solicitors (regulated by the Solicitors Regulation Authority) are just one type of regulated legal services provider. At Kings Court Trust, we are licensed by the Institute of Chartered Accountants in England and Wales, who ensure client protection and the provision of a high-quality professional service to legal services customers.

Alternatively, the Executor can also choose to deal with the probate process themselves, but they should expect a complicated legal process that may require a lot of time and extensive paperwork.

Probate Solicitors’ fees are sometimes calculated from a percentage of the estate, generally between 1-5% plus VAT and the probate fee. Other Solicitors may charge an hourly rate, meaning that you only pay for the work that is completed. This can be more difficult to predict, as unexpected delays could mean your fee increases. Some may charge a fixed fee that varies depending on the estate’s size and complexity.

When comparing probate fees between Solicitors and other specialist providers, make sure to check what’s included in each quote and whether there is a breakdown of third-party costs. There is no obligation to use a Solicitor for probate even if they were involved with making the Will.

Due to the various charging methods on the market, it’s difficult to provide a comparison of the likely fees. At Kings Court Trust, we only work on fixed fees for our award-winning probate services.

The estate should not usually be paid out until the Executor has a Grant of Probate and all other necessary tasks have been completed to ensure accurate distribution of the correct assets.

However, if probate is not required, paying beneficiaries should still be one of the last tasks undertaken so that all debts and liabilities can be paid from the estate initially.

It is usually possible to pay the funeral bill from the estate before probate is granted, but if complexities arise, the fee can typically be reimbursed from the estate at a later date.

You may be able to sell a property before probate is granted. However, this is dependent on how the property is owned:

• If the property was owned solely, the sale of it cannot be fully completed until probate has been granted, although it can be listed on the market and have offers accepted beforehand.
• If the property was held as beneficial joint tenants (with a spouse or civil partner, for example, whose name also appears on the Title Deeds), then the property can be sold or transferred without obtaining a Grant of Probate.
• If the property was owned jointly, but as tenants in common with different percentage shares, then probate will be required as the deceased’s percentage will form part of their estate and needs to be passed on to their beneficiaries.