# Probate: How long does the process take and how much does it cost?



## noel123ie

Hi

If any solicitors read this I would be grateful for contact details.

Also how long have we after death to get probate sorted?

We have to take probate out and are getting quoted silly figures from 22,000-30 k. The estate is of a reasonably high value but persons mentioned in will are in early 30s and this fee along with others and tax will cripple us.

We are looking for a more cost effective solution

Thanks
Noel


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## ElectronEng

*Re: Probate*



noel123ie said:


> Hi
> 
> If any solicitors read this I would be grateful for contact details.
> 
> Also how long have we after death to get probate sorted?
> 
> We have to take probate out and are getting quoted silly figures from 22,000-30 k. The estate is of a reasonably high value but persons mentioned in will are in early 30s and this fee along with others and tax will cripple us.
> 
> We are looking for a more cost effective solution
> 
> Thanks
> Noel



Typically an executor will have up to 1 year to get started on the estate.

Unless it's a complex estate the probate fee you've been quoted is crazy. I'm having a solicitor perform it for less than 4k. 

If the estate is simple you can always perform probate yourself - no need for a solicitor.


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## Vanilla

*Re: Probate*

If it is not a complicated estate then, yes, the fees quoted are high. You should shop around. Many solicitors now deal on a fixed fee basis which tends to offer better value for money.

If it is complicated there are ways of reducing the complication by engaging with a solicitor who will enable you to do some of the work yourselves and therefore charge a lower fee. 

It's very difficult to give more accurate advice without knowing the circumstances and it's not a good idea to put too much information on the internet so a bit of a catch 22.


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## MOB

*Re: Probate*

The questions for the family to ask on a death are:

1.  Do we actually need to get a grant of probate?  (for example, if the assets are real property only and there are no plans to sell or mortgage, there may be no pressing need to deal with the estate; )

2.  If we don't need to get the grant, do we nevertheless need to file inheritance tax returns?

3.  If we do need a grant of probate, do we want or need a solicitor to do it?  [it is possible to make a personal application at the Probate Office instead]

4.  Can we limit the scope of work for the solicitor in a way that will save us money?    I recently ( very much against my better judgement) quoted a fixed fee to a family who assured me that they only wanted me to 'prepare and process the paperwork to get the probate' and they would do everything else.   Needless to say, I have been dragged into dealing with Insurance companies, Dept. of Social Welfare, Dept. of Agriculture, banks etc. etc. and the agreed fee will see me lose a packet on the file.   But I would still concede in principle that there is scope for significant cost saving where the solicitor's scope of work is kept to a minimum (and set out in very clear terms at the outset) - though this does require that the executor do a LOT of legwork in some cases.  So that is an approach you might consider.  ( not with me: - I have been burned once and that is quite enough..........)

Absent sufficient information, I can make no useful comment on the fees which you have been quoted except to say that:

1.  The figures may well be "silly" as you put it.  Or they may accurately reflect the likely workload in administering the estate.   There is a very free market in legal services; it is very easy to shop around for a lower price.  Personal recommendation is far better than picking someone anonymously from the Internet.

2.   For a probate matter, it is probably wise to get a solicitor who habitually handles probate matters.

3. Many probate solicitors are expert in dealing with Capital Acquisitions Tax ( as, in my opinion, they should be).  Some solicitors ( a minority, I think) will tell you to take separate tax advice from a tax consultant or accountant.  I disagree with the latter approach in all but the most complex cases- but the point I make is simply that you should establish at the outset which approach your solicitor will take to the matter.

I would make one final point:  If you have, say,  a €1m life insurance policy which will not be released until the grant of probate is produced, and if the insurance company are not paying interest on the sum ( many don't),  a six-month delay in getting probate could cost circa €10k in lost interest.   It is worth analysing the assets to see if there are any time-sensitive matters where money could be lost in this way. And if there are, then quick may be better than cheap ( though quick and cheap is, of course, what you are hoping to find)

PS - started this post before seeing Vanilla's post ( with which I fully agree)


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## mtk

*Re: Probate*

dont forget you can do probate yourslef. i did. So *if* its not complicated and you have the time and are reasonably intelligent.......you decide


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## Moneypit

Agree with last poster.  I was getting some unjustified quotes too from Solicitors so did it myself, I've actually done it twice now, once in a complicated situation and once in a straightforward one.  I did employ a Solicitor for the first one but he was as much use as a chocolate hairdryer so I did it myself.  There are some pretty helpful people in the Probate office and in Revenue.  Get your letter requesting an appointment to meet with the Personal Application Section in the Probate office in asap, as that's the biggest wait, there's approximately a 20 week wait for that appointment alone, but once you get that things move quick enough.


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## lawrose

Where in the country are you based?  Always worth getting a couple of quotes from solicitors in the area.  You don't need to go with whomever the will is with.

Does the quote include dealing with transfers and/or sales of property?  Does it include doing inheritance tax returns for the beneficiaries?


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## lawrose

Sent you a PM


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## rockofages

I did it myself. Only cost that was to be paid is stamp duty which was a couple of hundred euro.


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