Probate Fees

[Bramley]

A relative died and the administrator is dealing with probate. The fees for what is a straight forward distribution of financial assets so far is €6k. The fees are being calculated on a per hour basis and the solicitor hasn't indicated what the hourly rate that the administrator agreed to is. It is also not possible to ask the administrator or his son. Do the fees seem excessive or reasonable for a distribution of financial assets with no property or complications? If relevant, the son of the administrator has done the vast majority of the work in pulling together and sorting through the deceased affairs. Does the administrator have to ensure that the fees that they agreed to are reasonable?

On the question of billing, should the solicitor keep a schedule and time sheet for all work being undertaken and completed to justify the number of hours worked, and are
the beneficiaries entitled to ask for this?

 

[Thirsty]

As a beneficiary you have no entitlements at this stage. The will is not a public document until grant of probate/letters of administration and so if you have been told you are a beneficiary it is as a courtesy only.

How was the administrator appointed?

 

[Bramley]

So once the letters of administration/grant of probate is issued, I can get this information? I am not too sure how the administrator was appointed. The administrator is a sibling of the deceased who never married, and I am inheriting through a parent. There's also two older siblings still alive, one of whom isnt in a position to carry out all the work involved. The solicitor said that he's been authorised to accept instructions from the son on his fathers behalf. Can this be right or should he only accept instructions from the administrator/grantee?

 

[Joe_90]

I assume that your relative died without a will as it's an administrator not an executor.

So the rules of intestacy apply. The next of kin applies for the letter of administration so what is your relationship to the administration. Why can't you ask the administration about the fees.

 

[Thirsty]

I assume that your relative died without a will

Doesn't have to be the case; administrator can be appointed if named executor is deceased or for other reasons cannot act.

edit to add

The administrator is a sibling of the deceased

That's why they were appointed then.

I am inheriting through a parent

I'm a bit confused about this? is your parent a (late) sibling of the deceased as well?

To be honest, as a beneficiary your job is to say thank you when you get your legacy.

 

[Bronte]

How much is the estate worth. The worst way absolutely to pay a solicitor is on an hourly rate. It's madness not to have a set bill.

Inheriting thru a parent. Sounds like a child of a pre deceased child. So Bramleys parent is presumely not alive.