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    Probate and Estate Administration Solicitors

    J Scott & Co Solicitors
    28 July 2026
    7 min read

    Key Takeaway

    When someone dies, somebody has to deal with everything they owned. That means valuing the estate, reporting to HMRC, obtaining legal authority to act, paying debts, and distributing what remains to…

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    When someone dies, somebody has to deal with everything they owned. That means valuing the estate, reporting to HMRC, obtaining legal authority to act, paying debts, and distributing what remains to the right people in the right shares.

    Executors are personally responsible for getting this right. Most people take it on having never done it before, while grieving.

    We can handle the whole process, or just the part you would rather not do alone.


    What probate is

    Probate is the legal process of dealing with someone's estate after death.

    A Grant of Probate is the court document confirming the will is valid and the executors have authority to act. Where there is no will, the equivalent is Letters of Administration. Where there is a will but no executor able or willing to act, it is Letters of Administration with Will Annexed.

    Banks, the Land Registry and other institutions generally will not release assets or transfer property without one.

    When probate is not needed

    Not every estate requires a grant. It is often unnecessary where:

    • everything was jointly owned and passes automatically to the survivor
    • the estate is small and each institution's threshold is not exceeded — thresholds vary, commonly between £5,000 and £50,000
    • there was no property in the deceased's sole name

    We will tell you at the outset whether a grant is needed. If it is not, we will say so — there is no point paying for something the estate does not require.


    The process, stage by stage

    Stage 1 — Establishing what there is

    Identifying every asset and liability: property, bank accounts, investments, pensions, life policies, personal possessions, business interests, digital assets. Then the debts: mortgage, credit cards, loans, utilities, care fees, funeral costs.

    This is more work than people expect, particularly where paperwork is disorganised or the deceased managed things online. We write to institutions, obtain date-of-death valuations, and build a complete picture.

    Typical duration: 4–8 weeks, largely dictated by third-party response times.

    Stage 2 — Inheritance tax

    The estate must be reported to HMRC. Which forms apply depends on the estate's size and composition, and on whether it qualifies as an excepted estate.

    Where inheritance tax is payable, it generally has to be paid before the grant is issued — which creates an obvious problem, since the money is usually locked in the estate. There are established routes around it: the direct payment scheme allows banks to release funds straight to HMRC, tax on property can be paid in instalments over ten years, and executors sometimes use a short-term loan. We will advise on the best route.

    Typical duration: 2–6 weeks, longer where HMRC clearance is required.

    Stage 3 — Applying for the grant

    We prepare and submit the application to the Probate Registry, together with the will and HMRC documentation.

    Stage 4 — Collecting in and paying out

    Once the grant is issued, we close accounts, encash investments, sell or transfer property, settle debts, and deal with the deceased's final income tax position.

    Typical duration: 4–12 weeks, dependent on whether property needs selling.

    Stage 5 — Distribution and accounts

    We distribute to beneficiaries and prepare estate accounts showing exactly what came in, what went out, and what each beneficiary received.

    Where there is a risk of unknown creditors or claimants, we advise on statutory notices under section 27 of the Trustee Act 1925, which protect executors from personal liability for claims they did not know about.

    Typical duration: 2–4 weeks

    Overall: a straightforward estate commonly takes 6–12 months from death to distribution.


    What executors are responsible for

    This deserves emphasis, because it is frequently underestimated.

    An executor is personally liable for errors. If you distribute the estate and a creditor later appears, or you pay the wrong beneficiary, or inheritance tax is underpaid, you can be pursued personally — not the estate, you.

    Specific duties include valuing the estate accurately, reporting correctly to HMRC and paying tax on time, settling debts in the correct statutory order, distributing to the correct beneficiaries in the correct shares, keeping proper accounts, and acting in the beneficiaries' interests throughout.

    Executors are also expected to complete administration within a reasonable period — the "executor's year" is the conventional benchmark, after which beneficiaries can generally begin to press for distribution.

    You do not have to act. An executor can renounce before intermeddling in the estate, or appoint a solicitor to act on their behalf while remaining formally in post.


    Our probate pricing

    We offer two services. Fixed fees, agreed at the outset.

    Grant only — you do the rest

    We obtain the grant; you handle the administration.

    Our fee Fixed Fee — please contact us for a quote + VAT Fixed Fee — please contact us for a quote = Fixed Fee — please contact us for a quote
    Suitable for Simple estates, no IHT, confident executors
    Timescale Typically 10–16 weeks

    Included: initial meeting, reviewing the will, preparing the HMRC return from figures you supply, preparing and submitting the application, sending you the grant.

    Not included: valuing assets, writing to institutions, collecting in assets, paying debts, distributing, estate accounts.

    Full estate administration

    We handle everything from start to finish.

    Estate type Our fee (excl. VAT) VAT Total
    Simple — no property, few accounts, no IHT Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote
    Standard — one property, several accounts, no IHT Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote
    Complex — IHT payable, multiple properties or business assets Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote Fixed Fee — please contact us for a quote

    Basis of charges: Fixed Fee — please contact us for a quote

    Disbursements

    Costs payable to third parties, which we pay on your behalf and add to your bill.

    Disbursement Cost VAT
    Probate application fee £300 (estates over £5,000) No VAT
    Additional sealed copies of the grant £1.50 per copy No VAT
    Bankruptcy searches (per beneficiary) £2 per beneficiary No VAT
    Statutory notices — London Gazette & local paper Approx. £250–£350 (varies by local paper) Included in third-party cost
    Land Registry office copies £3–£7 per document No VAT
    Estate agent / valuer fees, if required Quoted separately

    What could increase the cost

    We will tell you promptly if any of these arise: no valid will, missing or unknown beneficiaries, a claim against the estate, assets abroad, business or agricultural property, complex trusts, or a dispute between executors or beneficiaries.


    Frequently asked questions

    How much does probate cost? Grant-only is Fixed Fee — please contact us for a quote including VAT. Full administration typically ranges from Fixed Fee — please contact us for a quote to Fixed Fee — please contact us for a quote including VAT depending on complexity, plus disbursements. We give a written estimate before starting.

    How long does probate take? Six to twelve months is typical for a straightforward estate. The Probate Registry alone currently takes several weeks to issue a grant, and selling a property adds significantly.

    Can I do probate myself? Yes, and for simple estates many people do. Consider professional help where there is inheritance tax to pay, no valid will, property to sell, a business, assets abroad, missing beneficiaries, or any hint of a dispute. Remember that executor liability is personal.

    Do we need probate if everything was jointly owned? Often not. Jointly owned assets held as joint tenants pass automatically to the survivor. If nothing was in the deceased's sole name above institutional thresholds, a grant may be unnecessary.

    What if there is no will? The intestacy rules determine who inherits, and there is a statutory order of priority for who can apply for Letters of Administration — usually the closest relative. We can act for whoever is entitled.

    Who pays the fees? The estate, not the executors personally. Our fees and disbursements are paid from estate funds before distribution.

    Can we start before the grant is issued? Yes, and we usually do. Valuing the estate, writing to institutions, arranging the funeral and dealing with HMRC all happen before the grant. Only collecting in and distributing assets must wait.


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