Probate fees to HM Courts & Tribunals Service (HMCTS) have risen to a fixed rate fee for all estates valued over £5,000, the Government has announced.
What is probate?
Probate is the legal right to deal with someone’s estate after they have passed away. This includes property, money and possessions.
If there is a Will then the people named as executors may apply for probate to carry out the wishes of the deceased. But if there is not then the next of kin can apply.
As this can be a very difficult time for bereaved individuals, there is the option to appoint a professional to assist with handling the probate process.
What has changed?
Before, there was a two-tier fee system in place for probate:
- Applicants using a professional incur a fee of £155
- Applicants applying themselves incur an additional personal application fee, meaning the total cost is £215
- Estates valued at less than £5,000 do not incur a fee
Now, there is a flat fee of £273 to equalise the fee for all applicants.
This new fee amends the Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120).
Despite this change, estates under £5,000 will continue to not incur a probate fee.
This increased rate has been met with some controversy as bereaved people will have to pay more to access their loved one’s estate.
Despite this, the Government have stated that the increase will address a £85 million deficit within the delivery of family jurisdiction services.
The introduction of the fixed fee also aims to raise an additional £20 million for HMCTS.
For help and advice relating to probate, please contact our expert team today.
