The cost of probate: solicitor fees and hourly rates

This article is about professional legal fees. For details of application fees, see our guide "The cost of probate: application fees".

Average solicitor fees for a probate matter

The average minimum cost of instructing a solicitor to administer a £270,000 estate is £5,199, as reported by the Legal Services Board in July 2011.

The average cost of probate is £2,292, according to a report from Sun Life Direct in September 2011. We understand this figure is the average for all estates, not just those involving a solicitor.

Only around 49% of people use a solicitor for probate, as revealed by Sun Life Direct in 2010.

Probate solicitors' hourly rates

Solicitors' hourly rates vary according to location, the firm and the experience and seniority of the solicitor. 

They range from around £100 to around £350 per hour, plus VAT. A representative figure for probate referred to in a Legal Services Board report in July 2011 is £177 per hour. 

Often, much of the work will be done by a non-solicitor (perhaps a legal executive) or a trainee, whose hourly rates are likely to be less. This saving should be passed on to the client.

How probate solicitors charge

Not all probate solicitors charge according to time spent. Other pricing structures include:

1. A percentage value of the gross estate, often around 1.5%. Relatively good value for small but complicated estates. Relatively bad value for large but simple estates.
2. Fixed fee. Increasingly common, but still rare. Generally, solicitors don't like to quote fixed fees for probate because it is hard to know how long it will take at the start of the matter.

Why is probate so expensive?

Instructing a lawyer to deal with your probate matter can be expensive. If a solicitor is charging by the hour, fees will reflect the fact that probate can be a long process. Solicitors have to "tick all the boxes" to ensure everything is in order. 

How to save on legal fees

If you are thinking about instructing a solicitor, try these ideas for size:

1. You may be able to make huge savings on legal fees if you do the "procedural" aspects of probate yourself. Mainly, this involves valuing the estate (writing to banks, valuing the house and shares, etc), collecting funds and distributing the estate. Instructing a solicitor only to apply for the grant of representation may help keep legal fees to a minimum (around £350 + VAT upwards, plus expenses). Many solicitors are happy to operate on this basis. 
2. Shop around! Solicitors' costs vary. Some will offer a fixed quote. 
3. Consider bypassing lawyers entirely and perform the probate process yourself. This is perfectly normal and legal (of course!). 

For more on conducting the probate process without a solicitor, see our guide "Is a solicitor required for probate?".