Probate Solicitors for Executors
Grant-only applications or full estate administration, from our Maidenhead office, for executors and administrators across England and Wales.
There are two ways to instruct a probate solicitor, and most people do not know the cheaper one exists.
You can hand us the whole estate, in which case we value the assets, settle the liabilities, deal with HMRC, apply for the grant, sell or transfer the property and distribute what is left. Or you can instruct us for the grant alone, do the legwork yourself, and pay for a fraction of the work.
Which one is right depends on what is in the estate and how much time you have, not on how much money is involved. This page sets out how to tell the difference. We act for executors and administrators across England and Wales from our office at 47 High Street, Maidenhead.
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.
How to tell which one you are, in five minutes
Work through this before you call anyone.
- Is there a will, and are you named in it as executor?
- Can you list every asset and roughly what each is worth, today, without looking?
- Is the gross value of the estate likely to be above the inheritance tax threshold?
- Is there a property, and does it need selling?
- Is every beneficiary an adult, contactable, and content with the will?
Yes to 1 and 2, no to 3 and 4, yes to 5: grant only is very likely enough.
Any no to 1, 2 or 5, or any yes to 3 or 4: have the conversation about full administration before you commit either way. It costs nothing to have.
The point that catches people out is that an executor is personally liable for getting the distribution right. If you pay out to the wrong person, or pay beneficiaries before a creditor surfaces, the shortfall can come back to you personally rather than to the estate. Where the estate includes a house, our conveyancing team handles probate sales in-house.
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.
What it costs
Probate is charged on one of two bases, and we agree which applies with you at the outset, in writing, before you instruct us.
Hourly rate. Time recorded against the fee earner acting, at £375 plus VAT or £250 plus VAT depending on who handles the matter. We give you an estimate of the likely hours once we know what the estate contains.
1% of the estate. One per cent of the gross value of the estate plus VAT, with no time recording. On a £400,000 estate that is £4,000 plus VAT.
Which is better depends on the estate. The hourly rate usually wins on a large but simple estate, because a £900,000 house-and-three-accounts estate is not nine times the work of a £100,000 one. The percentage usually wins where the estate is modest but the administration is fiddly, and it has the advantage that you know the number early. We will tell you which we think is better for you, including when that is the cheaper one for us.
Percentage probate fees in England and Wales commonly run between 1% and 5%, and many firms charge the percentage on top of hourly billing rather than instead of it. Ours is 1%, and it is an alternative to the hourly rate, not an addition to it.
Both bases, worked examples, the court fees and the disbursements are set out on our probate fees and the court fees.
We do not act in contested estates. Where a will is challenged, or someone brings a claim against the estate, we will tell you early and refer you to a firm that specialises in it. Both bases above cover uncontested work only.
Frequently asked questions
How much does probate cost? Probate is charged either at an hourly rate, £375 plus VAT or £250 plus VAT depending on the fee earner acting, or at 1% of the gross value of the estate plus VAT. The two are alternatives, never both, and we agree which applies in writing before you instruct us. Court fees and disbursements are passed on at cost.
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.
Related pages
- Planning ahead? See making or updating a will.
- Worried about tax? See inheritance tax on the estate.
- Browse all of our wills, probate and powers of attorney services.
Other wills, LPA & probate services
Speak to us today
Fixed fees, named solicitor, 20+ years of experience. SRA regulated and CQS accredited.