Probate matters can vary significantly in complexity. Some estates involve straightforward administration with limited assets and a single beneficiary, while others involve multiple properties, tax issues, disputes between beneficiaries, or complex legal work extending over many months.

As a result, one of the most common questions raised by both solicitors and clients is how probate costs are calculated and who is responsible for paying them.

At ARC Costs, we regularly advise on probate-related legal costs, including disputes over fees, recoverability, estate administration costs, and detailed assessment proceedings. This guide answers some of the most common questions surrounding probate costs and explains where specialist costs advice may be required.

What are probate costs?

Probate costs generally refer to the legal and professional costs involved in administering an estate following a person’s death. These costs can include:

• Legal fees charged by solicitors
• Probate application fees and other court fees
• Valuation fees for property or assets
• Barrister or accountant fees
• Search fees, including bankruptcy searches
• Land Registry charges
• Tax advice and accountancy costs

The overall cost will depend on the size and complexity of the estate, the number of beneficiaries involved, and whether disputes arise during the administration process.

What work is involved in probate administration?

The administration of an estate involves a range of legal and practical tasks carried out by executors or administrators, often referred to collectively as personal representatives.

This commonly includes:

• Identifying the assets and liabilities of the estate
• Establishing asset values as at the date of death
• Preparing inheritance tax documentation
• Making the application for the grant of representation
• Obtaining the grant of probate or letters of administration
• Collecting estate assets
• Paying liabilities and taxes
• Distributing the estate to beneficiaries

Where there is property in the estate, additional work may include obtaining the sale or transfer of any property and dealing with Land Registry formalities.

What is the grant of representation?

The grant of representation is the legal authority allowing executors or administrators to deal with the estate. Where there is a valid will, this usually takes the form of a grant of probate. Where no will exists, letters of administration may instead be required.

The process involves:

• Preparing the probate application
• Submitting documents to the probate registry
• Paying the relevant court fees
• Providing inheritance tax information

Once issued, the copy of the grant of representation is used to access bank accounts, sell property, and deal with financial institutions. Without the grant, many estate assets cannot be administered.

How much do probate solicitors charge?

There is no single answer to this question because probate costs vary depending on the work involved. Some solicitors charge a fixed fee for straightforward estates. Others charge based on hourly rates, particularly where the estate is more complex.

Factors affecting costs may include:

• The value of the estate
• Whether there is property in the estate
• The number of beneficiaries
• Whether inheritance tax is payable
• The complexity of the assets
• Whether disputes arise

A simple estate with one property and a single beneficiary will usually cost far less to administer than a high-value estate involving trusts, business interests, or litigation.

What additional costs may arise during probate?

In addition to legal fees, there are often disbursements and expenses payable during the administration process. These may include:

• Probate application fees
• Valuation fees for property or investments
• Land Registry charges
• Fees payable to accountants or tax advisers
• Search fees, including bankruptcy searches
• Barrister fees
• Estate agent fees relating to property sales

There may also be an additional cost where unforeseen issues arise during administration, such as disputes between beneficiaries or complications involving tax. Clear communication about these costs is important from the outset.

What happens where there is property in the estate?

Where there is property in the estate, additional legal work is often required. This may involve:

• Registering the property position with the Land Registry
• Obtaining the sale or transfer of any property
• Dealing with mortgage lenders
• Managing vacant property issues
• Distributing sale proceeds

The legal work associated with dealing with the sale or transfer of any property can significantly increase probate costs, particularly where there are delays, title issues, or disputes between beneficiaries. Property transactions are often one of the largest drivers of estate administration costs.

What tax work is involved in probate?

Tax issues can significantly affect the complexity of probate administration.

This may include:

• Inheritance tax reporting
• Estate income tax return preparation
• Ongoing income tax and capital gains tax issues during administration
• HMRC correspondence
• Tax clearance applications

Where specialist tax advice is required, additional professional fees may arise. The complexity of the tax position often depends on the size of the estate, whether there are investment assets, and how long the administration period continues.

Who pays probate costs?

In most cases, probate costs are paid from the estate itself rather than personally by the executors or administrators. This is because the work carried out is generally for the benefit of the estate and its beneficiaries.

However, disputes can arise where:

• The costs are considered excessive
• The administration has been delayed unnecessarily
• Beneficiaries challenge the level of fees charged
• Litigation arises between parties

In some circumstances, the court may decide that certain costs should be borne personally by a party rather than by the estate. This is particularly relevant where unreasonable conduct or unnecessary litigation has occurred.

Can beneficiaries challenge probate costs?

Yes. Beneficiaries are entitled to raise concerns about the level of probate costs charged to the estate.

Challenges commonly relate to:

• The reasonableness of hourly rates
• Whether the work undertaken was necessary
• Delays in administration
• The proportionality of the overall fees
• Additional charges that were not clearly explained

Disputes may arise informally or through formal legal processes, including solicitor-client assessments and detailed assessment proceedings.

This is one reason why accurate time recording and clear retainers are so important in probate matters.

What should solicitors include in probate retainers?

For solicitors handling probate matters, clear retainers are essential. Clients and personal representatives should understand:

• Whether the matter is charged on a fixed fee or hourly basis
• What work is included
• What may create an additional cost
• Whether property transactions are included
• Whether tax advice is included
• Likely disbursements and third-party fees

Many disputes over probate costs arise not because the work was unnecessary, but because the client did not fully understand the charging structure. Transparency is critical in these types of cases.

Why probate costs disputes are increasing

Probate disputes are becoming more common for several reasons. These include:

• Rising property values
• Greater scrutiny of legal fees
• More complex estates
• Increasing disputes between family members
• Delays in the probate process

The growth in disputes has also increased the need for specialist costs advice, particularly where the recoverability or proportionality of fees is challenged. Solicitors dealing with estate administration are under increasing pressure to justify costs carefully and maintain detailed records throughout the administration process.

How ARC Costs can assist with probate costs

At ARC Costs, we regularly assist solicitors, executors, and litigants in person with issues relating to probate costs.

Our work includes:

• Reviewing probate legal fees and retainers
• Advising on recoverability of estate administration costs
• Preparing and challenging Bills of Costs
• Assisting with disputes involving beneficiaries
• Supporting solicitor-client assessments and detailed assessment proceedings
• Advising on proportionality and reasonable hourly rates

We understand the technical and practical issues that arise in probate administration, particularly where estates become contentious or involve significant assets.

Need advice on probate costs?

Whether you are a solicitor administering an estate, a personal representative dealing with complex issues, or a litigant in person concerned about legal fees, specialist costs advice can help protect your position.

At ARC Costs, we provide practical advice on probate-related legal costs, from retainers and recoverability through to formal costs disputes and detailed assessment.

To discuss how we can assist feel free to give us a call on 01204 397302 or send an email to info@arccosts.co.uk.

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