Probate Solicitors

When someone dies, the practical and legal responsibilities that fall to those left behind can be significant. We take that burden on for you, guiding the process from start to finish with clarity and care. Our Private Client team is recognised for its work on high-value and cross-border estates for individuals and families across the UK and internationally.

Specialist advice from expert probate lawyers

Our probate solicitors focus on taking the burden away from the deceased’s personal representatives as the circumstances require by providing expert advice and guidance. We will ensure the affairs of your loved one are:

• Wound up
• Assets transferred or sold as required
• Beneficiaries receive their entitlement without delay

We offer all our clients fast expert advice whether the deceased died having made a Will or not. If there is no Will, the rules of succession to property and other assets are determined by the Intestacy Rules. We will advise on their effect, which often is to create a statutory trust where the deceased leaves children and a surviving spouse. In these circumstances, it may be necessary to trace distant or long-lost family members and we can make the necessary arrangements.

On our client’s behalf, we will complete the appropriate HMRC inheritance tax forms, which are now required for all estates, and all other papers necessary to obtain the Grant of Representation to enable the deceased’s assets to be released and distributed to the beneficiaries either in accordance with the Will or under the Intestacy Rules.

Where the deceased did not consider tax planning before death it is possible to vary the Will or the effect of intestacy and thereby create substantial tax savings. We focus on the enhancement of clients’ assets by advising on estate and succession planning and will advise executors and beneficiaries on the possible variation of estates where appropriate.

Related reading: What to Do When Someone Dies

Do you need a probate solicitor?

In England and Wales, there is no legal requirement to use a solicitor to obtain a grant of probate or administer an estate. Executors can apply online directly through the government’s probate service, and for simple estates — a single property, straightforward finances, no disputes — some people manage the process themselves without difficulty.

However, instructing a solicitor is strongly advisable where:

• The estate is likely to be subject to inheritance tax (currently estates above £325,000, or £500,000 where a residential property passes to direct descendants)
• There are assets in more than one country
• The will is being challenged, or there is doubt about its validity
• The deceased died intestate (without a will) and the estate is of significant value
• There are ongoing trusts created by the will
• Beneficiaries include charities, minors, or vulnerable individuals
• There have been significant lifetime gifts that may affect IHT calculations

Errors made during estate administration can leave executors personally liable. The cost of professional advice is almost always justified against that risk.

Why choose Osbornes for probate?

Our Private Client team is consistently recognised as one of the leading teams in London for estate administration and contentious probate. Chambers HNW 2025 notes that our lawyers are “the lawyers other lawyers would choose to deal with their own affairs”, and The Legal 500 2026 describes the practice as regularly acting for “a wide range of HNW individuals and families on complex estate and trust cases, frequently dealing with cross-border estates.”

Practically, that means:

• Experience with complex estates. We regularly handle estates involving property in multiple countries, business interests, agricultural assets, and long-term trusts — the situations where errors are most costly.
• Inheritance tax planning. Where there is scope to reduce the tax liability through post-death variations or careful structuring, we identify and advise on those opportunities.
• Contentious probate capability. Our contentious probate team sits within the same department. If a dispute arises during administration, you do not need to instruct a new firm.
• International network. We have established contacts across Europe, Asia, Australia, and the Americas, which materially speeds up the administration of cross-border estates.
• Straightforward communication. Probate involves significant sums and often grieving families. We keep clients informed at every stage and do not hide behind legal jargon.

Our probate services

Contentious probate

Our contentious probate solicitors will advise you in relation to disputes that arise during the probate process. These disputes can involve a variety of issues related to estate administration, including contesting a will, the appointment of the executor or administrator, the distribution of assets, and the payment of debts and taxes. If you are involved in a contentious probate case, it is important to work with an experienced inheritance disputes solicitors regulated by the Solicitors Regulation Authority who can help you navigate the legal process and protect your interests.

Grant of Probate Reseals

More and more clients now have assets in more than one jurisdiction. That means it is likely that on their death, a grant of probate (or similar) is likely to be needed in more than one country. In some jurisdictions such as Hong Kong and South Africa, an English grant of probate can be resealed locally and vice versa — i.e. the probate registries here will reseal a grant issued in Hong Kong or South Africa. The Colonial Probates Act Application Order 1965 is a statutory instrument setting out to which countries the reseal procedure is available. Where it is not, a separate grant of representation will be required here and we can deal with these applications as well.

Islands closer to home such as Jersey, Guernsey and the Isle of Man have their own procedures and a separate local grant will be required in those jurisdictions.

Osbornes’ Private Client Team has a lot of experience in dealing with reseal applications from multiple jurisdictions, as well as English grants in respect of foreign wills. We have excellent contacts across many countries both in Europe and further afield which can help streamline the process of administering cross-border estates — i.e. when there are English and non-English aspects to be considered.

International probate

Our team of specialist international probate solicitors have significant experience in dealing with cross-border estates in countries including the UK and Australia, Europe (Germany, Spain, France and Italy), India, Hong Kong, Singapore, The United States and Brazil.

Read our articles — What is Probate / How much does probate cost? / Selling a Probate Property

Probate Costs & Service Timeline

Our Probate Fees

We charge entirely on a time-spent basis at the hourly rate of the fee earner working on your matter. This allows us to scale costs to the complexity of the estate — straightforward administrations cost less, while complex cross-border estates or matters subject to inheritance tax require more time. For estates that are straightforward and non-contentious (with the deceased domiciled in the UK and all assets in England and Wales), our approximate fees are:

• Estate value up to £5,000 and PIN applications | £1,500 + VAT
• Estate value £5,000 – £1m (no IHT) | £6,000–£12,000 + VAT
• Estate value over £1m (no IHT) | £9,000–£15,000 + VAT
• Estate subject to Inheritance Tax | £12,000–£18,000 + VAT

**Where the administration is straightforward** (for example, a property and bank account), charges will be towards the lower end.
**Where it is more complicated** (multiple share holdings, several accounts, or inheritance tax concerns), charges will be towards the higher end.

We provide a detailed fee estimate as early as possible and confirm it once we have full information about the estate. If additional work becomes necessary that was not originally anticipated, we will notify you in writing with an updated estimate before proceeding.

What’s Included in our fees:

• Obtaining your detailed instructions and all necessary documentation
• Registering the death and obtaining asset valuations
• Completing the Inheritance Tax account (IHT400 or IHT205) and obtaining HMRC clearance
• Preparing and submitting your application for the Grant of Representation
• Registering the grant with all asset holders and securing release of funds
• Placing Trustee Act Notices where required
• Arranging the sale or transfer of any shares or investments
• Discharging all liabilities and paying beneficiaries
• Finalising the deceased’s tax affairs and obtaining tax clearance

**Additional costs** such as the probate application fee (£300), Trustee Act notice publications (c. £400–£450), property surveyors’ fees, or genealogists’ fees for tracing beneficiaries are paid separately as disbursements.

How long does probate take?

The probate process involves two distinct timescales:

1. Obtaining the Grant of Representation:** typically 12 weeks from submission, though current delays at the Ministry of Justice may extend this
2. Administering the full estate:** approximately 3–6 months after the grant is issued, depending on complexity — cross-border estates or those with disputed elements may take longer

We will give you a realistic timescale when we take on your matter and keep you informed if delays occur.

View detailed probate pricing and service information here.

How we have helped clients

Administering a cross-border estate across four jurisdictions We acted for the executors of an estate with property in England, France, Spain, and Hong Kong. Coordinating with local lawyers in each jurisdiction, we managed the resealing of the English grant in Hong Kong, obtained separate grants in France and Spain, and advised on the IHT treatment of each asset class. The estate was fully administered within 18 months.

Post-death variation to reduce inheritance tax Our client inherited an estate from a parent who had not updated their will following a change in family circumstances. We identified that a deed of variation — redirecting a portion of the estate — would reduce the IHT liability by over £80,000 and better reflect what the deceased had intended. The variation was completed within the required two-year window.

Supporting an executor through a disputed will We were instructed by an executor whose appointment was being challenged by a sibling who claimed the deceased lacked testamentary capacity. Our contentious probate team worked alongside the estate administration team to manage both threads of the matter, ultimately achieving a settlement that allowed administration to proceed without the delay and cost of a full trial.

Do I need a probate solicitor near me?

Not necessarily — we advise clients throughout the UK and internationally. Take a look at the client stories above to get a feel for the type of clients that we work with and the work that we deliver.

Probate FAQs

What is grant of probate?

A grant of probate is the formal document issued to the executors of a will enabling them to deal with the deceased’s assets. The grant is issued by one of the District Probate Registries in England or by the Principal Registry of the Family Division of the High Court. Find out more here.

How long does it take to get a grant of representation?

It can take just a few weeks, but usually several months at present, to get the grant, depending on how complex the estate assets are and how quickly it is possible to get together all necessary information to complete the inheritance tax (IHT) return which has to be done before the grant can be applied for.

The form is an IHT400 or IHT205 depending on the type and value of the estate. If IHT is payable some of this has to be paid before the grant will be issued, but banks and building societies usually release monies from the deceased’s accounts for this purpose.

How does the probate process work?

Our Will and our estate are individual to each of us, so the full probate process can vary depending on the instructions that have been left in the will.

The basic process for an executor will include:

1. Bringing together the full details of the estate’s assets and debts
2. Completing an inheritance tax return and paying any tax due
3. Making the application for a Grant of Probate (this is the formal document giving the authority needed to administer the estate)

Inheritance Tax return

The Inheritance Tax (IHT) return when completed is lodged with HMRC where tax is payable and the necessary IHT is sent to HMRC. If no IHT is payable, the tax return IHT205 is sent direct to the chosen probate registry with the statement of truth when it has been signed by the executors or the administrators (collectively known as Personal Representatives or ‘PRs’). The statement of truth has replaced the oath for executors and oath for administrators.

The statement of truth is the document by which the PRs formally apply for the grant of representation and promise to collect in all the deceased’s assets, pay any debts and distribute the estate in accordance with the terms of the will or as required by the Intestacy Rules which apply when someone dies without a valid will.

How much does a probate solicitor cost?

Solicitors typically charge for probate work on either a fixed-fee or hourly-rate basis, depending on the complexity of the estate.

For straightforward estates — a single property, limited financial accounts, no IHT liability — fixed fees are common and can range from a few thousand pounds. For larger or more complex estates involving inheritance tax, overseas assets, or trust arrangements, costs will be higher and are more commonly charged by reference to time spent.

We will provide a clear estimate of our fees at the outset, and update you if the scope of work changes. Please contact us to discuss the specific circumstances of the estate and we will give you an honest assessment of the likely cost.

How long does probate take?

The probate process involves two distinct timescales.

Obtaining the grant of probate typically takes several months from the date of death. Before the grant can be issued, the relevant HMRC inheritance tax return must be completed — either the IHT400 (where tax is payable) or the IHT205 (for smaller or exempt estates). Where IHT is due, a portion must usually be paid before the grant will be issued, though most banks will release funds from the deceased’s accounts specifically for this purpose.

Administering the full estate — collecting assets, paying debts and taxes, and distributing to beneficiaries — takes around 12 months for most estates. Complex estates, particularly those with overseas assets, disputed elements, or ongoing trusts, will take longer. We will give you a realistic indication of timescale when we take on your matter.

Do you always have to go through probate?

Not all estates need to go through the probate process. In general, smaller estates with few assets and straightforward distributions may not need to go through probate. Probate may not be needed if the deceased’s combined assets are worth less than £5,000.

Other reasons why probate may be avoided include:

• Designating beneficiaries: Many financial accounts, such as retirement accounts and life insurance policies, allow you to name a beneficiary who will receive the assets in the account upon your death. Designating beneficiaries can be an effective way to avoid probate, as the assets in these accounts will pass directly to the beneficiary without going through the probate process.
• Setting up a trust: A trust is a legal entity that holds and manages assets for the benefit of another person or entity. By transferring assets to a trust, you can specify how the assets should be managed and distributed after your death without going through probate.
• Holding assets jointly: If you own assets jointly with another person, such as a joint bank account or joint property, these assets will typically pass directly to the surviving joint owner upon your death without going through probate.

Who inherits if there is no will?

In the UK, if a person dies without a will, they are said to have died “intestate.” When this happens, the intestacy rules set out in the Administration of Estates Act 1925 determine how the deceased person’s assets will be distributed.

Under the intestacy rules, the deceased person’s assets will be distributed to their next of kin in a specific order of priority. The first priority is the spouse or registered civil partner of the deceased. If the deceased had children, the spouse or civil partner will receive the personal possessions of the deceased and the first £270,000 of the estate, as well as half of the remaining balance. The children will receive the other half of the remaining balance.

If the deceased did not have a spouse or civil partner, the entire estate will be distributed to the children. If the deceased had no surviving spouse, civil partner, or children, the estate will be distributed to the deceased’s parents. If the deceased had no surviving parents, the estate will be distributed to siblings or, if there are no surviving siblings, to more distant relatives. If the deceased had no surviving relatives, the estate will go to the Crown.

It is important to note that the intestacy rules do not provide for other individuals, such as friends or unmarried partners, to inherit. If you want to ensure that your assets are distributed according to your wishes, it is important to create a will.

Read our blog post: What happens when someone dies without a will?

Can I apply for probate online?

The online probate service is available to most named executors in England and Wales. It is currently not available to apply for letters of administration, which is the name of the grant in cases of intestacy. It allows applicants to apply, pay and swear a statement of truth online.

When is it not appropriate to apply for probate online?

The online probate system is not appropriate for all cases and specifically not for more complex estates, where matters can quickly become difficult to administer and lead to additional legal costs being incurred. Importantly, many members of the public are unaware that they can find themselves personally liable for any mistakes they make. Specific examples of when it will be appropriate to seek professional advice include where:

• The value of the estate is over the Inheritance Tax threshold
• Monies are to be held in a trust created by the will
• Foreign aspects are included
• All or part of the residue of an estate is left to charity, or divided between exempt and non-exempt beneficiaries
• There have been significant lifetime gifts

These sorts of circumstances can create hidden traps for the unwary. Concerns have also been raised over the risk of the system being abused, including exploiting vulnerable people and their assets.