What is probate?

You may have heard the term ‘probate’ to describe dealing with the financial matters of a loved-one, but you may not have heard of the term estate administration. They’re both terms related to dealing with a deceased person's estate, but they have different definitions, and there are important distinctions between them.

Probate may be required when someone passes away.

Probate is a short way to refer to a ‘Grant of Probate’, officially known as the ‘Grant of Representation’ in England and Wales and ‘Confirmation’ in Scotland.

Probate is required if:

• the estate is worth more than £5,000 in value

• the deceased owned any property or if a financial institution (e.g. a bank or building society) needs to see the ‘Grant of Probate’ in order to release funds.

The term 'Probate' is often mistaken to mean all of the tasks to be completed following a bereavement but in fact it’s simply the term for obtaining the Grant that enables you to carry out these tasks.

Probate is only one part of the wider estate administration process. Probate provides you with the legal right to carry out the estate administration, including dealing with property, money and personal possessions.

How much does a grant of probate cost?

Probate fees increased in January 2022 to a single flat rate of £273 for all applicants. The new flat fee replaced both the fee for individuals applying for probate themselves (previously £215) and the reduced fee payable by probate professionals (£155).

The previous tiered arrangement aimed to encourage the use of professionals to carry out the often complex process of obtaining a Grant of Probate or Grant of Letters of Administration and winding up a deceased’s estate. The higher charge for individuals reflected the more significant amount of work required by the Probate Registry in dealing with mistakes or incorrect applications.

Probate fees in May 2024

Following a consultation last November, the Ministry of Justice has decided to increase most England and Wales court fees by 10% in May 2024.

The standard probate fee will be raised by £27 to £300. Because of consistently poor service levels, the increase is unlikely to be well received by the general public or members of the private client legal profession. The digitisation of probate applications and streamlining of the administration process should have significantly reduced service costs.

Thankfully, probate fees are only payable for estates with a value above £5,000 and are paid from the estate once probate has been granted.

England and Wales Court of Protection hearing fees are unchanged at £494, though the fees to apply for action under, a hearing under, or to appeal a decision made under the Mental Capacity Act 2005 will face a 10% increase.

How do I apply for a grant of probate?

Probate applications and estate administration can be complex and time-consuming. Some aspects of the work, such as calculating Inheritance Tax and preparing estate accounts, are particularly difficult. Penalties can be imposed for underpayment of tax, and beneficiaries can bring a claim if the estate is not correctly administered and recorded.

For this reason, it is often advisable for clients to speak to a probate professional to ensure no inadvertent errors are made.

If you are an executor, read our blog, What does an executor do? for helpful guidance about what’s involved.

To apply for a grant of probate personally we recommend you consult the GOV.UK website for guidance. If you rely on a book about estate administration to help you, take care to choose one that is recently published and deals with the legal system in your jurisdiction. The law and process for dealing with an estate administration in England and Wales are different from that in Scotland.

The grant of probate fee paid to the Probate Court does not include any technical or administrative work done by a legal or financial professional. TAKE CARE: Anyone can call themselves a probate specialist, but only certain professionals can charge for obtaining a grant of probate - as this is what is termed a ‘reserved activity’. Non-solicitor firms must subcontract any ‘reserved’ work to a solicitor. Always check the credentials of the person or firm you engage to carry out this work for you.

If you would like assistance with applying for a grant or want to step away and appoint a professional to administer the estate for you, please feel free to get in touch. Our trusted probate colleagues will take care of everything for you. You’ll find them to be as efficient and friendly as the in-house Carisma team.

Pre-paid probate - AVOID

Carisma Wills actively discourages clients from paying for the cost of their own estate administration and probate in advance.

Our founder and principal, Donna Hames BA Hons LLB Hons GDL (CPE) MIPW, says:

“Pre-paid probate services are unregulated and, in my experience, are offered by commission-hungry salespeople. These companies take clients’ money and promise to deal with the estate at some future date, but with no guarantee or safeguard that they will still be in business. Without the protection of the UK’s financial services regulator, funds are at risk. I strongly discourage these plans and Carisma Wills has never and will never offer pre-paid probate.”

Carisma Wills is a specialist estate planning practice providing Wills and Lasting Powers of Attorney. Our in-house team do not carry out reserved activities. A qualified and regulated professional partner firm deals with all reserved activities.