When a loved one passes away, it falls to the executor or administrator to handle the legal and financial affairs. This involves navigating the probate process to access assets, pay off any debts or taxes owed, and eventually distribute the estate to beneficiaries.
You may be wondering – what fees are involved with probate, and where does the money come from to pay them? This is a common concern for personal representatives handling an estate who do not want costs to go out of pocket. This blog will clearly explain the typical probate costs you can expect to encounter, the legal processes involved, whether fees and expenses can be paid directly from estate funds when you require professional legal services, and other cost considerations during this sensitive time.
What are the legal processes involved with probate?
Probate refers to the legal process of administering a deceased person’s estate. It involves locating the will, valuing assets, paying outstanding taxes or debts, and eventually distributing what remains to beneficiaries.
The specifics around probate can vary slightly between England and Wales, Northern Ireland, and Scotland due to differences in inheritance laws. However, the core probate processed around validating wills, paying debts and distributing assets remains similar. We’ll focus mainly on the process for England and Wales.
Grant of Probate
Where the deceased left a legally valid will naming one or more executors, they must obtain a Grant of Probate for their local probate registry. This document gives the executors legal authority to access the deceased’s assets (bank accounts, property, etc.) and sell the estate.
Letters of Administration
Suppose someone dies without leaving a will (known as dying intestate). In that case, a close relative can apply to become the estate administrator. They must obtain Letters of Administration before handling financial affairs or distributing inheritances.
The Grant of Representation
This refers to the Grant of Probate or Letters of Administration, whichever applies to the particular estate. Some professionals refer to obtaining the ‘Grant’ rather than distinguishing between the two types of documents.
As you can see, transparent legal processes are involved before an executor or administrator can fully carry out their duties. Let’s look now at what costs you might incur along the way.
How much do probate fees usually cost?
Different types of expenses can arise during probate and estate administration. Some are mandatory fixed fees, while others depend primarily on the complexity and values of the assets involved.
Probate Application Fees
Applying for a Grant of Probate or Letters of Administration involves paying a standard fee of £273. The exception is where the entire estate is valued below £5,000, in which case there is no charge to obtain probate.
Legal and Professional Support
Many executors or administrators choose to hire professional assistance to complete probate paperwork, communicate with asset holders, file taxes, etc. Legal fees often depend on the time taken and can run into the thousands. Alternatives like fixed-fee probate services are available starting from around £500-£1000.
Tax Fees
Estates above a specific value may owe Inheritance Tax 40% above the tax-free thresholds. Administrative fees are also involved with valuing assets and filing any necessary forms or returns related to IHT.
Other Administration Expenses
During probate, paying for property maintenance, valuations, clearing costs, and other essentials required to settle affairs may be necessary. Keeping receipts is important, as reasonable expenses can be reimbursed.
As you can imagine, costs can quickly escalate beyond the standard £273 probate fee. Let’s look at where the money comes from to pay all these probate fees and associated expenses.
Can probate fees be paid from the estate?
The short answer is yes – any legitimate fees or costs incurred during probate should always be payable from estate funds once available.
The executor or administrator is responsible for handling affairs. However, they usually cannot be forced to cover costs personally. There are a few options to access money from the estate itself:
Use the Deceased’s Bank Account
Before probate grants access, there is usually a process for releasing limited funds from the deceased’s bank account, specifically to pay urgent invoices like funeral fees. Other early costs may also qualify.
Open an ‘Executor’s Account’
Once probate is granted, the executor can open a specific bank account in the estate’s name. Costs are then managed directly from estate funds, simplifying accounting later.
Reimbursement
If the executor has already paid any fees personally, keep records, as these can likely be reimbursed from estate funds once available. Reasonable expenses should always be recoverable.
The important thing is keeping accurate financial records throughout. All income and costs to and from the estate must be adequately accounted for.
Do I always need legal support when dealing with probate?
Taking on an executorship role without professional assistance is challenging and risky. Let’s weigh up key factors influencing the decision:
Consider Your Confidence and Ability
How comfortable are you administering estates independently? Do you understand probate processes, inheritance tax returns, validating assets, and managing property sales? Handling large or complex estates alone can become unmanageable.
Potential for Errors and Delays
DIY probate often leads to mistakes that then delay granting. Probate registries will only accept applications if critical documents or tax forms are filled out correctly. This may cause added stress for executors and beneficiaries.
Protect Against Disputes
Having expert guidance provides a second pair of eyes to ensure everything is conducted correctly. This reduces the potential for unhappy beneficiaries to contest the administration later if errors are suspected.
So, while you can theoretically handle basic administrative estates alone, specialist legal support is always advisable. The protection, reduced workload and peace of mind are worthwhile benefits. Just remember that such professional fees are indeed recoverable from estate funds.
Other ways to keep costs down during the probate process
Beyond determining if and when legal fees might apply, there are a few other things that can influence overall probate costs:
Value the Estate Promptly
Having assets professionally valued early on gives an accurate picture of estate size and tax liability. It ensures no late surprises that could incur penalties or interest on any unpaid inheritance tax, for example.
Avoid Unnecessary Property Maintenance
Be wary of costly house repairs or storage fees if you can sell the property promptly after probate. Evaluate if maintenance bills are necessary.
Minimise Interest Charges
Close credit cards and loans with outstanding balances quickly to avoid interest accruing against the estate during slower probate processes.
Claim All Available Tax Reliefs
Ensuring correct forms are filed on time will guarantee that all available inheritance tax reliefs and exemptions are factored in appropriately. Missing relief claims can mean more significant taxes than strictly necessary.
While acting as executor or administrator involves essential duties and pressures, you should not be out of pocket when working on behalf of others. Legitimate probate fees, tax bills, and reasonable professional costs related to estate administration should always be reclaimable directly from estate funds. Furthermore, sensibly engaging specialists like probate lawyers or estate administrators will make the process smoother and less liable to errors or disputes. Taking proper financial, taxation, and legal advice is wise, and the costs will be well spent.
