Choosing a probate solicitor

socratez

I am the executor for my mother's will. She had a house that she owned outright, and some savings in various accounts. I will be using a solicitor to help with probate and do what is needed? How do I choose a good probate solicitor and how much should it cost?

Savvy_Sue

Consider whether you need to use a solicitor. 

How many beneficiaries are there? Are they on good terms with each other? Are the contents of the will likely to change that? If there are likely to be arguments then yes, a solicitor is worth considering. If it's just you, not so much. 

What's the house worth? What's the total in the savings accounts? Was your mother a widow? That helps you work out if Inheritance Tax is due. 

I know there are always strong recommendations to use a solicitor to WRITE a will, but executing a well written will is generally straightforward - unless you're in Scotland when it is more complicated! 

BooJewels

Why do you need a solicitor for the process?  Is it especially complicated - although it doesn't sound it from your details?

You might need a solicitor for the conveyancing if selling the house of course, but most of the 'probate' process is intended to be done by lay people - and most of us manage just fine without needing a lawyer.  For example, the application for the Grant of Probate - that you would need to sell the house and maybe to access some of the savings - is largely a form filling exercise and as you'll need to supply said solicitor with the answer to every question on the form, they end up being very expensive form fillers on your behalf.   Once you've gathered/ascertained your information, you might as well fill in the form yourself.  Even with complicated estates, an accountant might serve you better than a lawyer.

The vast majority of estates are simple enough not to need the input of a legal professional, so have a look at the Probate forms first and see if anything in there looks beyond your understanding.  Plenty of people here can help you through that process.  I've done 4 estates recently, two of which required Probate and to sell houses - and if I can manage it, I would suggest that anyone could.

But generally speaking, I was quoted 1% of the estate value for the process - by solicitors touting for the business who were a bit put out when I said I could manage it myself, as my sister and I would much rather keep an additional 0.5% each for ourselves for the sake of a bit of paperwork!

kipsterno1

Sorry for your loss.

I found myself in the same position after my father passed away. I spent some time reading advice for others on here that had navigated the process and then downloaded the required probate forms to see what was needed and how difficult it might be. I found the process guide provided by the Probate office very clear and straight forward. If I did have any question I just came back here and asked. I did the actual application online and it was very easy (and as I understand even easier now if there is no IHT).

Keep_pedalling

I am with the others, the use of a solicitor will be expensive and is almost certain to drag the process out. The probate process might be daunting but for a straightforward estate is not difficult and you will get plenty of help from here if you get stuck.

The most complex part is the IHT return, but if her estate is under £325k you won’t need to do one. If she was a widow and your father did not use all his NRB then any unused portion is transferable so that figure could be double. Even if you do need to complete an IHT return it is perfectly doable by lay executor.

Good luck.

Sarahspangles

In theory if you don’t mind the additional expense a solicitor can relieve you of the burden of dealing with the estate, while you are grieving.  But hardly anyone hands everything over like that* and by the time you’ve got all the information together a lot of the work has been done and you could go on to do the probate application yourself if the estate isn’t complicated.  Some people find it therapeutic to be ‘busy’, but not everyone.  You can set a slower pace, you’re really just paying to look after an empty house for a bit longer, although eventually Council tax exemptions end and you might start to incur interest on other payments due.

*A friend of my father passed away with no close family.  Someone contacted his solicitor as named executor and they literally took his papers into their safekeeping and wrote to friends in his address book with details of the funeral, which they arranged and attended.  They arranged for possessions to be sold or disposed of, and dealt with taxes, utilities and the sale of the property then distributed the estate to the named beneficiaries who still survived.

Pennylane

kipsterno1 said:

Sorry for your loss.

I found myself in the same position after my father passed away. I spent some time reading advice for others on here that had navigated the process and then downloaded the required probate forms to see what was needed and how difficult it might be. I found the process guide provided by the Probate office very clear and straight forward. If I did have any question I just came back here and asked. I did the actual application online and it was very easy (and as I understand even easier now if there is no IHT).

Pretty much my experience too. Very straightforward and on the one occasion I had to ask the Probate Office for some advice they were very helpful.

TonyMMM

I would also recommend the diy route, quite straightforward and will save the estate a large solicitors bill, and be much quicker.

But - for a solicitor I would always suggest asking for a local recommendation. It is so much easier to be able to drop off documents, sign paperwork etc than dealing with someone remote.

Visit a couple and check what their charging structure is for probate work e.g. a fixed fee, hourly rate, or % of the estate value - (most probably some combination of those). Be clear about exactly what they will be charging for - you will end up doing a lot of the legwork anyway.

thegreenone

I'm on the other side of the fence.

I used my Mum's solicitor to do the Probate.  Thankfully, she had recently updated her Will and did LPOA and more importantly, they knew her personally as they did home visits. 

I gathered the necessary, filled in their form,10 weeks later and I think £1200, it was job done.  Yes, it can be DIY'd for a lot less but I had an helluva lot to do emptying Mum's flat on my own.  She wasn't a hoarder but just had a lot of belongings.   Many antiques and some just treasured 'stuff'.  It gave me time to get all that done whilst someone else did the legals.  Once Probate was granted, I put the flat on the market and it sold within days.

I'm not good at form-filling. The solicitor also held Mum's Will and Deeds and did the conveyancing.  It was a no-brainer for me, personally.

Flugelhorn

thegreenone said:

I'm on the other side of the fence.

I used my Mum's solicitor to do the Probate.  Thankfully, she had recently updated her Will and did LPOA and more importantly, they knew her personally as they did home visits. 

I gathered the necessary, filled in their form,10 weeks later and I think £1200, it was job done.  Yes, it can be DIY'd for a lot less but I had an helluva lot to do emptying Mum's flat on my own.  She wasn't a hoarder but just had a lot of belongings.   Many antiques and some just treasured 'stuff'.  It gave me time to get all that done whilst someone else did the legals.  Once Probate was granted, I put the flat on the market and it sold within days.

I'm not good at form-filling. The solicitor also held Mum's Will and Deeds and did the conveyancing.  It was a no-brainer for me, personally.

there are 2 different things - one is to get the probate and the other is to administer the estate (the former is quite straight forward and the latter is very expensive) - sounds like you just got them to the former. 

socratez

Thanks everyone, I will give the DIY probate route a go. Am I able to start filling the form in online, and then if I need extra details go back to it later?