Probate Services at Brightling & Co

Dealing with the estate of a loved one who has passed away can be emotional, complex, and time-consuming. The probate process – obtaining the legal right to administer a deceased person’s estate – often involves untangling paperwork, contacting numerous institutions, and waiting for official approvals. In fact, an average estate can take six to nine months to fully settle (sometimes longer for very complex cases). At Brightling & Co, we understand that when you’re grieving, the last thing you need is additional stress. We’re here to guide you through probate with a warm, supportive approach, providing as much or as little help as you need.

Whether you are an existing Brightling & Co client or approaching us for the first time, we will support you every step of the way. If you’ve been a client previously, we may already have useful information (for example, knowledge of assets or gift history) that can help streamline the probate process. If you’re new to us, we will quickly get up to speed on your situation. In all cases, we approach you and your family in a sympathetic, understanding manner while dealing with the technical details professionally. Our goal is to ease your burden during a difficult time and handle the paperwork and legal requirements efficiently on your behalf.

What Does the Probate Process Involve?

In plain English, probate is about officially confirming who can deal with a deceased person’s estate and then carrying out the necessary steps to settle that estate. While every situation is unique, the process generally includes:

Identifying Assets and Liabilities: Making a list of everything the person owned (property, money, investments, personal belongings) and what they owed. This involves contacting banks, building societies, insurers, stockbrokers, etc., to get date-of-death valuations of assets and balances of any debts.
Calculating Inheritance Tax (IHT): Determining if any inheritance tax is due. This means valuing the estate, applying any tax-free allowances, and completing the required IHT forms for HM Revenue & Customs. If tax is due, arrangements need to be made for payment (some of which may be paid before the Grant of Probate is issued).
Applying for the Grant of Probate: Preparing the legal application to the Probate Registry (a division of the court) to obtain the Grant of Probate (if there’s a Will) or Letters of Administration (if there’s no valid Will). This involves submitting a Legal Statement/Oath and supporting documents about the estate’s value and the executor’s legitimacy. The grant, once issued, is the official document that gives the executors or administrators the authority to gather and distribute the estate.
Notifying Potential Creditors: (Optional but recommended) Placing a notice in The Gazette (the official public record) and sometimes a local newspaper to announce the death and invite any creditors to come forward. This helps protect the executors from liability if unexpected claims arise later.
Gathering the Estate Assets: Once the grant of probate has been received, the next step is collecting all the assets of the estate. For example, closing bank accounts and collecting funds, selling or transferring property, encashing investments or pensions, and claiming life insurance payouts. Sometimes, executors might choose to do this part themselves; other times, they may choose to engage professionals like us.
Paying Debts and Bills: Using estate funds to settle any outstanding liabilities such as utility bills, funeral expenses, mortgages, taxes, or other debts the deceased owed. All creditors who have come forward or are known must be paid before the estate can be distributed.
Distributing Inheritances: Once all debts and expenses are paid, distributing the remaining estate to the beneficiaries – the people entitled under the Will (or under intestacy laws if there was no Will).
Estate Accounts & Final Tax Returns: Preparing a clear set of estate accounts showing all monies received and paid out, for approval by the executors and beneficiaries. Additionally, ensuring any income or capital gains generated during the administration period are reported and taxed appropriately (often via final estate tax returns). Once this is done, the probate process is complete.

Every estate is different. Simple estates (e.g. a few bank accounts and a house left to a spouse) can be straightforward, whereas more complex estates (multiple properties, investments, business interests, foreign assets, trusts, etc.) will require more work. Brightling & Co offers services tailored to your needs, whether you just need help obtaining the grant or you want full administration support.

Our Probate Services and Fees

Whilst we can provide an estimate of fees prior to the start of any work, the actual bill will be as a result of fixed fees and the time taken to complete the work. Our charge out rates per hour per level of seniority are:

Director: £190 - £250
Advisor: £120 - £150

We offer two levels of probate service, designed to suit your specific needs:

1. Probate Application Service (Grant-Only Assistance)

This option is ideal if you are able to handle some aspects of the estate yourself, but want professional help with the legal paperwork to obtain the Grant of Probate. We will prepare and submit the probate application on your behalf, making sure everything is done correctly and in compliance with HM Courts and Tribunals Service requirements.

As part of our Grant-Only service, Brightling & Co will:

Initial Guidance & Document Review: Meet with you (or speak by phone/online) to understand the estate. We’ll review the Will (and any codicils or variations) to confirm executors and beneficiaries. We also go through the paperwork you have regarding the estate’s assets and debts (bank statements, property deeds, investment certificates, bills, etc.).
Estate Valuation & Tax Calculations: We calculate the gross and net value of the estate (all assets minus liabilities) based on third party valuations where necessary and determine whether any Inheritance Tax (IHT) is due. This includes claiming any available tax reliefs or unused allowances (such as transferable nil-rate band or residence nil-rate band) to minimise tax where possible.
Preparation of Tax Forms: Based on the estate details, we prepare the required IHT return. We ensure all relevant relief claims (for example, transferring a late spouse’s unused tax allowance) are included so that HMRC has the correct information.
Probate Application: We fill in and draft all the necessary probate application forms and the legal statement (oath) for the executors/administrators to sign. Essentially, we handle the tricky form-filling and legal declarations so you don’t have to worry about getting the wording right.
Statutory Notices: If you wish, we can arrange for a statutory advertisement in The Gazette (and a local paper if appropriate) to notify any unknown creditors. This step is optional but recommended to protect you as an executor against any surprise claims in the future.
Submission and Follow-Up: We submit the probate application to the Probate Registry (HM Courts & Tribunals Service) on your behalf. If the probate office or HMRC raises any questions or requires additional information, we will respond and assist with resolving these queries.
Grant of Probate Issuance: Once the Grant of Probate (or Letters of Administration) is issued, we will obtain official copies of the grant for you. We then hand everything over to you along with a summary of the estate assets and liabilities collected in the process so far.

After we’ve secured the Grant for you, you will be able to take over the remaining estate administration – such as collecting the assets, paying off any remaining bills, and distributing the inheritance to beneficiaries – at your own pace. We’ll have laid the groundwork by getting the legal authority in place, and of course we remain available to advise you on next steps as needed.

Fee for Grant-Only Service: In typical cases, the cost for our Probate Application service ranges from £2,000 to £3,000 (plus VAT). The exact fee depends on the complexity of the estate (for example, the number of assets and whether inheritance tax is involved). We will give you an estimate after our initial discussion, once we have an idea of the estate details.

In addition to our fees, there will be some third-party costs, known as disbursements. These are charges payable to third parties, such as the government and advertisers. Common disbursements include: the probate application fee (currently £300 in England), fees for extra copies of the grant (£16 each), and the cost of placing any required newspaper notices. If any professional valuations (for property, etc.) are needed, those professional fees would also be disbursements. We will advise you of any such costs upfront and, if you wish, handle those payments on your behalf (they would simply be billed at cost).

2. Full Estate Administration Service

Our Full Estate Administration Service is a comprehensive probate solution – Brightling & Co takes care of the entire process from start to finish, so you don’t have to worry about the details. This option is ideal if you prefer to hand over the paperwork and administration completely and focus on your family, knowing professionals are managing the estate correctly. We will carry out all the tasks in the probate process on your behalf, including those after the Grant is obtained. Specifically, under this full-service offering we will:

Estate Investigation and Communications: Contact all relevant institutions to formally notify them of the death and gather information on assets and liabilities. This means we write to the banks, investment companies, insurance providers, mortgage lenders, or any other asset holders to obtain date-of-death account balances, property valuations, shareholdings, outstanding loan amounts, etc. . We also redirect or manage correspondence as needed while the estate is being settled.
Professional Valuations: Arrange any necessary professional valuations (for real estate, businesses, valuable personal property, etc.) to ensure accurate figures for the estate’s worth. For example, if the deceased owned a house, we might get an appraiser or estate agent to value it for probate purposes.
Inheritance Tax Calculation & Reporting: Calculate the total estate value and work out the inheritance tax position. We prepare and submit all required IHT forms to HMRC, just as in the Grant-Only service, claiming all applicable reliefs (e.g. residence nil-rate band, charitable exemptions) to minimise any tax due. We will also advise you of any tax that needs to be paid and coordinate payments from the estate’s funds.
Probate Application: Complete the probate application (Grant of Probate or Letters of Administration) and handle all correspondence with the Probate Registry. We take care of drafting the necessary executor statements and ensure the application is submitted promptly. Any queries from the probate officials are addressed by our team directly, without troubling you.
Estate Bank Account: Open a dedicated estate bank account (if needed) to hold the estate’s funds once we start collecting assets. This helps keep all estate money separate and accounted for.
Collecting Assets: Once the Grant is issued, we collect in all the assets of the estate on your behalf. This can include withdrawing funds from bank accounts, selling or transferring shares and investments, cashing in life insurance or pension death benefits, and working with estate agents/solicitors to sell any property. All proceeds will go into the estate bank account.
Paying Debts and Expenses: We use the estate funds to pay off any debts of the estate. This covers things like settling final utility bills, credit card balances, taxes due (including income tax or capital gains tax that may arise during the administration period), and paying any expenses incurred in the course of administering the estate (for example, probate fees, maintenance costs for property, etc.). We also ensure any required estate tax returns for income or capital gains during the administration are prepared and filed.
Distributing the Estate to Beneficiaries: After all liabilities are settled, we distribute the remaining estate to the beneficiaries according to the Will (or the intestacy rules, if no Will). This involves calculating each beneficiary’s entitlement, arranging payment or transfer of assets to them, and obtaining receipts. We also handle any specific bequests or legacies (e.g. ensuring personal belongings or cash gifts are passed on as directed).
Estate Accounts Preparation: Finally, we prepare full estate accounts that detail every transaction – all money received into the estate and all payments out. These accounts are provided to the executors and beneficiaries for approval, giving everyone clear transparency on how the estate was administered.

In summary, the Full Administration Service means you can step back with confidence while we handle every practical aspect of the probate process. We keep you updated at key milestones and are always available to answer questions, but we do the heavy lifting on your behalf.

Please note: As chartered accountants we are authorised for probate work (estate administration), but **we are not solicitors. This means if the estate requires specialist legal work outside of the probate process – for example, drafting a deed of variation, or handling any dispute (contentious matter), or the legal conveyancing of selling/transferring real estate – we will bring in or refer you to a suitably qualified lawyer for those specific tasks. We’ll let you know if such steps are needed and can coordinate with trusted legal professionals. Any such external legal costs would be agreed with you and paid from the estate separately (they are not included in our fees).

Fee for Full Estate Administration Service: For a typical estate, our fee for full administration is usually in the range of £5,000 to £7,500 (plus VAT). This covers all the work outlined above. We will provide a tailored estimate after our initial assessment of the estate’s size and complexity. Importantly, if during the administration we encounter unforeseen complexities or additional work (for instance, discovering assets not initially known, or dealing with overseas assets), we will inform you promptly. Our aim is to be fully transparent and fair on fees.

As with the Grant-Only service, disbursements (third-party costs) will be payable in addition to our fees for the Full Administration service. These might include the probate registry fee, costs for copies of the grant, asset valuation fees, statutory advertisement costs, etc., which we will outline for you in advance.

Regulatory & Client Care Information

Brightling & Co is proud to be a professional firm regulated for probate services. Here are some important points regarding our regulatory credentials and client care commitments:

Licensed and Regulated: We are licensed by the Institute of Chartered Accountants in England & Wales (ICAEW) to carry out the reserved legal activity of non-contentious probate in England and Wales. This means we have met ICAEW’s stringent criteria for competence and probity in this field. (You can find details of firms licensed for probate on the ICAEW’s online register of probate accredited firms.)
Compensation Scheme: In the unlikely event that our firm is unable to meet its liabilities to you (for example, in the extremely rare case of firm insolvency), you may be entitled to seek compensation from the ICAEW’s Probate Compensation Scheme. Generally, any claim should be made within 12 months of discovering a loss for which we are responsible. Information about the scope of the scheme and how to make a claim is available on the ICAEW website HERE. This scheme offers you an extra layer of protection and peace of mind when using an ICAEW-regulated firm.
Professional Indemnity Insurance: We maintain Professional Indemnity Insurance (PII) as required by our regulators. Our PII provides coverage of up to £2,000,000 for any single claim related to our probate services. In the very unlikely circumstance that you suffer a loss due to our negligence or error, our liability to you is capped at £2 million for that claim (this cap does not limit any liability we can’t legally limit, but it matches the coverage amount of our insurance). This insurance coverage underscores our confidence in delivering a high-quality service, while also ensuring that you are financially protected.
Complaints Procedure: We are committed to providing a high level of service, but if you are ever unhappy with any aspect of our probate service, please let us know immediately – we take all feedback seriously. In the first instance, you can contact our head of legal services (or any Brightling & Co Director) to raise your concern. We will acknowledge a formal complaint within 5 business days and aim to fully resolve it within 8 weeks.
If you are not satisfied with our response, or if for some reason we do not resolve your complaint within eight weeks, you have the right to escalate the matter. We are regulated by ICAEW, so you can refer your complaint to ICAEW’s Professional Standards Office. Additionally, because we provide a legal service (probate), you can also take your complaint to the Legal Ombudsman (an independent complaints body for legal services) once our own process is concluded.
Time limits: Note that the Legal Ombudsman normally expects you to bring your complaint to them within six years of the problem occurring, or within three years from when you became aware of the issue (if later). Also, you should generally refer the matter to the Legal Ombudsman within six months of our final written response to you about the complaint. We will remind you of this in our final response letter.
Contact details for the Legal Ombudsman: If you do need to contact the Legal Ombudsman for probate service issues, their details are:
- Telephone: 0300 555 0333
- Web: Legalombudsman.org.uk
- Postal Address: Legal Ombudsman, PO Box 6167, Slough , SL1 0EH
ICAEW Contact: Information on how to pursue a complaint through ICAEW can be found on the ICAEW website (see the ICAEW’s page on making a complaint HERE). We can provide guidance on this process as well, should you need it.
Alternative Dispute Resolution (ADR): If a dispute cannot be resolved through the above channels, we can also help you explore ADR options. While we hope it’s never needed, there are independent mediation services available (for example, ADR Group and others) that can assist in resolving disputes without going to court. We do not endorse a specific provider, but we can provide information for an ADR provider if requested.

In summary, Brightling & Co is here to support you through the probate process with compassion, expertise, and transparency. We combine the personal touch of a small firm – understanding your needs and easing your stress – with the professional rigor of an ICAEW-regulated provider. Whether you just need help obtaining the Grant of Probate or you want us to take care of administering the entire estate, we will tailor our service to your situation.

If you would like to discuss our probate services further or arrange a free initial consultation, please don’t hesitate to contact us. We’re here to help you navigate probate so you can focus on what truly matters – taking care of yourself and your family.