Solicitor's fee for probate.

E

emeralds

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Is a solicitor's fee for probate calculated as a percentage of the total estate (regardless of the amount of work required)? Is it reasonable to ask for a breakdown of the fee?
 
Some may operate that way. Personally I wouldn't accept it and you definitely need to shop around. Get a set fee in writing. (Section 68 letter).

Is the estate is simple you may not need a solicitor.

But for sure if a house is worth 5 million or 50K and there are no other assets there is no reason for for the fee to be any different. The work is equal.

You also do not have to use the solicitor who holds the will.

Any chance you'd give us an idea of what you've been quoted and a rough idea of the estate.
 
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emeralds said:
Is a solicitor's fee for probate calculated as a percentage of the total estate (regardless of the amount of work required)? Is it reasonable to ask for a breakdown of the fee?
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I was quoted by my Dads solicitor based on gross value of the estate. It worked out at between 3 and 3.5% of the gross value plus outlays. So I decided to do a personal application. After taking that decision and getting the application lodged with Probate Office I then looked for solicitor to do conveyancing. I also asked each one what their fee for probate would have been and prices ranged from 2,500 to 6,000 - a fraction of what my father's solicitor quoted. If I hadn't by that time already done all the donkey work for the probate application then I would have gone with the solicitor that quoted 2,500.
If there is a property involved and your families solicitor has the Title Deed but you decide not to use them for probate - don't tell them this until you have written confirmation from them that they have the Title Deeds of the house.
 
No property. Just money in various places (nothing complicated or complex).
So €15,000 is a bit off the wall???
 
As far as I remember they are not supposed to quote, anymore, based on the value of the estate. Ditto for conveyancing. In the last year I was hiring a solicitor for conveyancing, first question two solicitors asked me, how much was the property being sold for.
 
"prices ranged from 2,500 to 6,000 "

This would be the usual range. There is no prohibition on quoting a fee as a percentage in either probate or conveyancing work.

The reality of the relationship solicitors and consumers is that

a. There is a great deal of competition in the market place.
b. Consumers usually get multiple quotes and can compare. The cheapest, or the most expensive, is not always the best and it is always better to go with a personal recommendation.
c. Probate and Conveyancing work is not always profitable and the more established firms will be more likely to quote the actual cost of the work even though someone else will do it for half.
d. Consumers are free to do their own Probate applications.
e. Sometimes, rather then refuse work outright ( for a variety of reasons - in my case, where I know the client to be obsessive, aggressive, demanding and rude) quote high rather than tell them you'd rather have your eyes poked out with red hot pokers then ever act for them again!

mf
 
That range sounds very reasonable. I hadn't realised fees could still be based on a percentage. Agreed that the cheapest is not always the right route to take.

MF I think you might need a break. Point e ! My old solicitor retired early and I think he was suffering from burn out. Very happy camper now. Anyone dealing with the public all the time would have to have the patience of a saint.
 
Prosper said:
If there is a property involved and your families solicitor has the Title Deed but you decide not to use them for probate - don't tell them this until you have written confirmation from them that they have the Title Deeds of the house.
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What is the significance of the solicitor having the title deeds? If you choose to use another solicitor for probate, can't they simply get the title deeds from the other solicitor? Or is it that the solicitor who holds the deeds could charge a massive fee to release them?
 
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