It can be a difficult and emotional time when someone dies.
There are also practical matters to address, such as managing the estate and going through the probate process.
Choosing a Chartered Accountant for your probate application can help to ensure the process is handled smoothly and efficiently.
Who we are
ICAEW is an independent regulator and licensing authority approved by the Legal Services Board under the Legal Services Act 2007 to accredit firms to provide probate services. We regulate Chartered Accountants and accountancy firms to provide non contentious probate and estate administration work and currently more than 350 of our member firms are accredited for probate services.
How we support consumers
Our role is to strengthen confidence and trust in those regulated by ICAEW.
We act in the public interest and strive to ensure ICAEW probate practitioners and ICAEW-regulated firms act with integrity and undertake work in accordance with laws and regulations.
Promoting consumer choice and confidence is at the heart of what we do as a regulator.
We do this by Enabling, Evaluating and Enforcing the standards expected by the profession, oversight regulators and government.
ENABLE: We enable ICAEW accountancy firms to provide wider services that meet the needs of consumers. We enable consumers to make an informed choice by providing information and guidance to help them engage effectively with the probate market. This focuses on five key areas: probate services, price, quality, regulatory status and the complaints process.
EVALUATE: We evaluate the quality of work and compliance with rules by monitoring firms through ICAEW’s Practice Assurance scheme.
ENFORCE: We enforce by taking regulatory action when the standards we expect of ICAEW probate practitioners and firms are not met.
Find a probate firm
Find an ICAEW regulated probate firm or probate accredited accountant that can assist you with probate and the administration of an estate.
Resources
Explore our resources to find out more about probate and estate administration and the services provided by ICAEW accredited probate firms:
Costs and fees
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Our price transparency requirements for firms
ICAEW’s Legal Services Regulations requires firms to provide transparent pricing information.
This means that you can find the information you need and shop around to compare costs and services before you engage a probate practitioner.
ICAEW firms accredited for probate, must publish details of the total fees it charges for its services, or an estimate of the likely fee, including VAT and disbursements (if applicable) on their website. As a matter of good practice, we also expect firms to provide this information in their initial engagement letter setting out their services and terms of business.
Firms must explain how their fees are calculated, for example whether this is a fixed fee or an hourly fee and what services are included. This may also include information about any factors that could affect the time and cost as the matter progresses.
Many ICAEW probate firms provide instant fee calculators on their website to help you to generate a tailored estimate or fixed fee for their services. If the agreed initial cost estimate increases for any reason, the probate practitioner should inform you about this as soon as possible and provide a clear explanation.
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Advice on comparing fees
When you are comparing fees, you should look carefully at the scope of services that the offer includes. Some packages are designed to help you with obtaining the grant of probate only, meaning that valuing the estate and distributing the assets will be left to you.
However other packages offer to complete the full estate administration process for you. This means they will undertake the whole process from start to finish.
Even if you have been offered a fixed fee arrangement, or the package you have opted for offers the full estate administration service, there may be aspects of the process that the firm charges extra for, these are sometimes called disbursements.
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Getting an accurate estimate of costs
Fees and costs estimates can vary depending on the complexity and value of the deceased’s estate. Make sure you understand what is included in the price, whether it includes VAT or not, and any additional costs such as disbursements when comparing different firms to avoid any surprises. You should expect your accountant to be very direct and transparent about this and confirm it with you before the engagement starts.
To help your probate practitioner give you as accurate a cost estimation as possible and to help the probate process move smoothly, provide them with as much information about the deceased as you can. This might even include details of funeral costs if it has already taken place. Consider bringing the following original documents to the first meeting with your probate practitioner:
Personal information
- Death certificate
- Divorce certificate (if applicable)
- Original will
- National insurance number
Estate assets and liabilities
- Bank and building society accounts
- Savings accounts
- Personal belongings
- Stocks and shares
- Property valuations
- Tax records
- Pension details
- Loans
- Debts
- Mortgages
Details of the executors
- Valid ID
- Proof of address.
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What are the different ways firms usually charge for probate services?
When choosing your probate practitioner, you are likely to come across a few different pricing models. Pricing models are the way in which a firm has decided they are going to charge for their work. The most common pricing models you will see are:
% value of estate
This model was historically used by banks and although no longer as widespread, is still used by some banks and solicitors. Simply, they charge you based on a percentage of the estate’s total value. The rate charged is usually between 1-5%. This could be an expensive option if, for example, you have a simple but large estate.
Fixed fee
This means that a certain scope of services will be included for a set price. You should double check if your fixed fee arrangement includes VAT in the final price and if there are any disbursements that will be charged at an extra cost. Opting for a fixed fee package can be a good choice if you want a higher degree of certainty on the final cost.
Hourly rate
This pricing model charges you based on exactly how much time is spent. The rate you are charged will depend on who is undertaking the work, for example an experienced manager of a firm will have a higher rate. This means you will only ever pay for the work that has been done. Therefore, this can be a good option if you have an uncomplicated case.
How might the payment process work?
The normal process is that the fee is payable at the conclusion of the matter within a reasonable period. The practitioner may specify for example within 14 days of the date of the invoice.
However, if the work takes place over an extended period, the practitioner might ask for payment on account. Some practitioners may also ask for a payment on account in advance to fund initial disbursements. The practitioner’s payment policy should be set out in your engagement letter.
When an interim bill is raised, it should explain how the matter has progressed, how much you have paid to date and the amount outstanding, including any additional costs incurred with your consent. VAT at 20% is applied on each invoice if the practitioner is VAT registered.
Other payment options
If you need to be budget conscious, one way to reduce your costs for probate services is to agree to carry out some of the administrative tasks yourself with your practitioner. This is known as ‘unbundling’ and is sometimes advertised by firms as a flexible fee or a flexible pricing option.
It enables you to keep costs low by only paying for certain aspects of the firm’s service while retaining the practitioner’s expert advice and legal support where needed. Speak to your probate practitioner about how this could work in your case.
As Chartered Accountants, ICAEW probate practitioners have the expertise to offer a range of accountancy and tax services with probate services. They may offer you a fixed fee package to make this as cost effective as possible for you.
Banks and solicitors traditionally charge a percentage of the estate whereas we would normally work on an hourly basis. I think it's just offering an alternative for the client.
Quality of service
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How do I know I will receive a good quality service?
ICAEW sets high standards and as a regulated professional, ICAEW probate practitioners must maintain the highest standards of professional competency and conduct. They must meet our qualification requirements to be accredited for probate and demonstrate that they are maintaining their competence throughout their careers.
By choosing an ICAEW firm accredited for probate services, you can also be assured that rigorous checks and ongoing monitoring are in place to uphold the highest standards of service.
Regular onsite and desk-based inspections at probate firms are conducted by our Quality Assurance Department (QAD). QAD reviewers have many years of public practice experience and are often ICAEW Chartered Accountant trained to assess the quality of probate services.
Reviews are proactive and the frequency of visits is determined by a firm’s risk profile. However, we aim to visit all newly accredited firms for probate within 24 months of accreditation. This means that you can have confidence in the standard of service provided by both new and more established firms.
Monitoring reviews include client file reviews to ensure that firms uphold the highest quality of work. QAD reviewers also undertake a variety of compliance checks to verify that firms have documents, systems, policies and procedures in place to protect clients including:
- evidence of continuing professional development
- meeting regulatory requirements for handling client money
- handling client complaints effectively
- appropriate client engagement letters
- obtaining professional indemnity insurance cover
- complying with relevant laws and regulations.
If our reviewers find evidence that firms are not meeting the standards we set, we will take steps to ensure the firm takes action. This can range from requiring remedial measures to imposing sanctions on firms. This proactive approach ensures that you receive ethical, and high-quality probate services.
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Using comparison websites and online customer reviews to compare legal services for probate
Comparison websites can help you to shop around and establish a shortlist of potential firms to compare the costs and services provided by different probate professionals. Some comparison websites also provide guides about typical costs for services and provide a facility to get quotes from local professionals.
However, you should note that not all probate firms or lawyers are featured on comparison websites. Some commercial comparison websites for instance only include services for solicitors, or those firms that pay to be listed or to provide a quote. This could mean that you are only seeing part of the available market when making a comparison.
Online customer review platforms, star ratings and customer reviews provided by search engines or featured on firm websites can also help you to evaluate the quality of services provided by different firms. It offers an opportunity to see positive and negative reviews from clients, however you may not always know whether reviews are authentic and trustworthy. Firms will often publish responses giving you an insight into any complaints as well as their approach to customer service.
Another way to compare services yourself is to review the information all regulated legal services providers must provide on their websites about their payment structures and services. You can use our probate register to find a local probate practitioner in your local area and compare this information online to decide whether a service offers good value for money.
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Why choose an accountant for probate services?
ICAEW has been regulating accountancy firms offering non-contentious probate services for almost a decade. Yet, many people still don’t realise they can turn to probate-accredited accountants to administer an estate and apply for the grant of probate.
Probate services offered by accountants
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Can an accountant provide the same legal services as a lawyer/solicitor?
It is your choice, whether to use a lawyer or solicitor, a Chartered Accountant or conduct the probate process yourself. If you decide to use an ICAEW probate practitioner, they can provide the same services as a lawyer if the estate is not subject to any dispute. This is known as non-contentious probate.
If there is a dispute, then a specialist probate lawyer needs to continue the process. Once the dispute is settled then the probate application can revert to your accountant.
ICAEW chartered accountants can also provide unreserved legal services such as estate administration, tax advice and will writing. They often perform executorship and trustee duties when administering estates. The services a firm offers will be displayed on their website, helping you to shop around.
If you would like to find a different probate provider the Legal Choices website is managed by legal services regulators and is designed to help you make choices about lawyers and legal services. The website includes registers for different legal professional held by other legal services regulators.
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What to expect when you engage an ICAEW probate practitioner
Initial meeting
You will usually have an initial discussion with your probate practitioner. This is an opportunity to understand the scope of their services, the key stages in administering the estate, estimated costs and for you to ask some questions.
Some key questions to ask your probate practitioner during this meeting could include:
- What is your experience in managing probate or administering estates?
- Who will be managing my probate matter?
- How long do you expect the probate process to take?
- When can I expect an update on progress and information about costs?
The firm will also ask you some questions about the deceased and to gather some information and original documents, such as the will and death certificate.
Engagement letter
When you agree to engage the probate practitioner, they must send you an engagement letter confirming their terms and outlining the costs and the services they will provide.
This should include the following information:
- a description of the services included
- an indication of timescales and the key stages of the work
- how the fees will be calculated, for example a fixed fee or hourly rate
- their complaint process and information about your right to complain to the Legal Ombudsman.
The key stages will usually include obtaining a grant of probate, gathering and valuing assets, paying debts and taxes, and distributing the estate.
The letter might also include information about how often the firm will update you, the agreed cost and when you will be invoiced. The firm may also detail any documents or further information that you need to provide.
During the engagement
Depending on the agreed frequency in your engagement letter, you should expect to be updated on progress, any delays, issues or unexpected costs that arise. You may also receive costs information or an invoice.
At the end of the engagement
You can expect a detailed account of all financial transactions conducted during the probate process, for example, the transactions made into an executors account and a final bill.
You may also receive information about the firm’s complaint process and have an opportunity provide feedback on the service you received.
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The probate process explained
What is the probate process?
Probate is the legal process of validating a will and confirming the authority of the person responsible for administering the estate of someone who has died. It is a reserved legal activity, which means that you must be a regulated professional to carry out this service for a client.
If you are appointed as an executor or an administrator of someone's estate, you might need to apply to the Probate Registry for a legal document granting authority to distribute any assets such as money and possessions to beneficiaries. This will depend on the value of the estate.
There are 5 Key Stages in the Probate process:
- Initial Steps: Verifying the will, identifying beneficiaries, and notifying relevant parties.
- Valuing the Estate: Gathering and valuing all assets and liabilities of the deceased.
- Applying for Probate: Preparing and submitting the probate application to the Probate Registry managed by HMCTS
- Administering the Estate: Collecting assets, paying debts and taxes
- Distributing the Estate: Distributing the remaining assets to beneficiaries according to the will or intestacy laws
Can I carry out the probate process myself?
Yes, it is possible to carry out the process yourself and may be worth considering if the estate is of low value. Read our guide for executors to help you understand the process and how to do this.
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Why do consumers use an accountant to help with probate?
ICAEW Chartered Accountants and firms provide a wide range of professional advice and services in accountancy, probate, audit, insolvency, investment business, tax, and various other legal and technical fields for individuals, businesses, and other organisations. This can be helpful when estates are complex or valuable.
However, many people decide to use a professional to deal with the accounting and tax side of probate in straightforward estates. ICAEW probate practitioners can also help with the practical aspects of identifying, selling and distributing assets and identifying and settling liabilities. As the probate process can often take between 6 and 12 months to finalise, it can also mean a more effective use of your time.
Some consumers use an accountant because they are existing clients of the firm, or the deceased was a former client, and they have good knowledge of their financial affairs.
If you have not worked with an ICAEW practitioner before, the combination of accounting, tax, law and administration skills required in probate and estate administration means they are well placed to carry out this kind of work.
It seemed more sensible to use the people who knew all the aspects of my mother’s portfolio and tax affairs and who would be dealing directly with HMRC rather than having to reinvent the wheel.
What to do when someone dies
As well as the emotional impact of losing a loved one, it can feel quite daunting to think about the steps you need to take when someone dies.
Whether you are dealing with a loved one’s estate yourself or using a probate practitioner, this guide provides a summary of some of the key steps to consider.
You can find more detailed information about these stages in our guide for executors.
Probate can be a complex process and it’s difficult to go through that when you’ve just been bereaved. Not only is there plenty to do but it all needs to be done properly.
Guides for executors and beneficiaries
Our guides support executors and beneficiaries through the probate process.
Complaints
What to do if things go wrong with an ICAEW probate practitioner.
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How to make a complaint about your ICAEW probate practitioner
If you are not satisfied with the service provided by an ICAEW probate practitioner, you have the right to make a complaint.
The first step is to complain to the firm using their complaints process. This information can be found on the firm’s website and in the information, you received when you first engaged the firm.
Put your complaint in writing, so that you have a record of what is said. The firm has up to eight weeks to respond to your complaint. If the firm needs more time, they may tell you that it will take longer than eight weeks. You can choose to wait longer than eight weeks for the firm to respond, or you can choose to contact the Legal Ombudsman once the eight-week period ends.
The firm should provide a final response outlining the result of their investigation into your complaint and if appropriate any action the firm proposes to take to resolve it.
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How to complain to the Legal Ombudsman
If you are not happy with the firm’s final response, or eight weeks has elapsed since you complained to the firm, you can take your complaint to the Legal Ombudsman. The Legal Ombudsman is an independent body that helps to resolve complaints between consumers and legal service providers. This is a free service.
The Legal Ombudsman can investigate complaints about poor service, after you have raised your complaint with the firm. You must contact the Legal Ombudsman within six months of the firm’s final response to your complaint.
Before accepting a complaint for investigation, the Legal Ombudsman will also check that your complaint has been made
- no more than one year from the date of the act or omission being complained about; or
- no more than one year from the date when you should have realised that there was cause for complaint.
Examples of poor service that the Legal Ombudsman can consider include:
- Unclear or absent costs information
- Delay – if there is no clear reason or explanation for this
- Poor information about timescales for the work, or the probate process
- Not keeping you informed about progress
- Not responding to emails, letters or calls.
The Legal Ombudsman’s Scheme Rules mean that they are only able to help you with complaints about the firm’s poor service.
They will also accept complaints from beneficiaries, including where the poor service was provided to the deceased. The Legal Ombudsman has published guidance and case studies to help you understand your rights to complain as a beneficiary.
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When to raise a complaint about an accredited probate practitioner with us
We expect ICAEW accredited probate practitioners to maintain the highest standards of practice and conduct. If you have a concern about the ethical conduct of your ICAEW practitioner, for example because they have been dishonest, breached the ICAEW Code of Ethics or our Legal Services Regulations, you can raise a complaint with us.
Make sure you are ready to raise a complaint by reading our guidance on making a complaint. We may not be able to help you if you do not have documentary evidence to support your allegation.
We will normally expect you to have written to the firm first about your complaint and given them at least eight weeks to respond.
Once you are sure that we can deal with your complaint, please complete a complaints form attaching your supporting evidence.
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Can I gain compensation?
A compensation scheme is available for probate consumers who have suffered a financial loss because of fraud or dishonesty committed by an ICAEW accredited probate firm. Payments are made at our discretion and there is more information about our scheme here.
What happens when we receive a complaint?
When we receive a complaint, we will assess whether there are grounds for disciplinary action.
If we think that the complaint meets this initial assessment, we will open a case and it will be investigated by an investigations officer.
This flow chart explains how ICAEW will investigate your complaint and the potential outcomes, which could include conciliation or enforcement.
Legal Ombudsman useful links
Regulatory status
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The benefits of using a regulated Chartered Accountant for probate
As a regulated professional, you can be confident that your ICAEW probate practitioner has the necessary experience and qualifications to deliver high-quality, independent probate advice and services.
ICAEW sets and enforces high standards of conduct and performance and to be accredited to provide probate services, ICAEW Chartered Accountants must meet our regulatory requirements. This includes our:
- regulations and Code of Ethics
- qualification and training requirements
- continuing professional development obligations to maintain technical knowledge and skills.
Our regulations also mean that you are financially protected when using an ICAEW regulated probate firm.
ICAEW probate firms must meet stringent accounting rules to keep client funds secure. They must also have a suitable level of professional indemnity insurance in place to protect you in the unlikely event that if something goes wrong, can make a claim.
A compensation scheme is available for probate consumers who have suffered a financial loss because of fraud or dishonesty committed by an ICAEW accredited probate firm. Payments are made at our discretion and there is more information about our scheme here.
The reassurance offered by these standards and protections is important, but it is not the only reason you should choose an ICAEW probate practitioner. ICAEW has taken a pioneering role in the development of the accountancy profession for more than 130 years and it remains at the leading edge – as a professional body and a regulator.
This is reflected in the support we provide for firms to ensure they deliver a good service to you. Including, our best practice guidance, training films, helpsheets, technical advisory services and other resources.
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How can I check whether a probate firm is accredited by ICAEW?
You can distinguish an ICAEW regulated probate practitioner because they will usually have an ICAEW ‘accredited for probate logo’ on their website. You can also search for ICAEW firms using our online probate register.
This is a database which provides regulatory information about all ICAEW probate practitioners. It includes the firm’s registered address, the name and role of the practitioners and their regulatory record.
Useful links and resources
Finding support following a bereavement
We know that finances during probate can be a concern for some executors and beneficiaries, particularly if probate is taking a long time. You may be eligible for financial support, for example if you were a partner or dependent of the deceased. If you need financial or emotional support when dealing with the loss of a loved one, there are several services that can help.
© ICAEW 2024 All rights reserved.
ICAEW will not be liable for any reliance you place on the information in this material. You should seek independent advice. This guidance is intended solely to educate readers on this area of practice. It is not intended to be definitive or comprehensive guidance and should not be interpreted as providing advice, nor does it take the place of independent and professional advice on any matter relating to individual circumstances.