Probate Services for Estate Planners

Probate is the legal process of administering someone's estate after death. For the complete career overview, see our guide on How to Become an Estate Planner UK. Understanding probate is important for estate planners:

The probate process:

1. Death occurs and death certificate obtained

2. Will located (or intestacy rules apply)

3. Application for Grant of Probate/Letters of Administration

4. Assets collected and valued

5. Debts and taxes paid

6. Estate distributed to beneficiaries

Who handles probate:

• •Executors named in will
• •Administrators (if no will)
• •Professional help often needed

Why it's relevant to estate planners:

• •Clients' families will need probate help
• •Natural extension of will writing
• •Repeat contact opportunity
• •Additional revenue stream
• •Clients ask about it

Key terminology:

• •Probate: The process and the court grant
• •Executor: Person appointed in will to administer estate
• •Administrator: Person appointed when no valid will
• •Grant of Representation: Legal authority to act
• •Estate: All assets and liabilities of deceased

Estate planners can offer different levels of probate service:

Level 1: Signposting only

• •Explain process to clients when writing wills
• •Recommend professional help when death occurs
• •Refer to solicitors or probate specialists
• •No direct probate work

Level 2: Basic assistance

• •Help gather documents and information
• •Explain forms and process
• •Executor completes forms themselves
• •You support but don't submit

Level 3: Full probate service

• •Handle entire probate application
• •Collect assets
• •Pay debts and taxes
• •Distribute estate
• •Full professional service

Legal considerations:

• •Most probate work is NOT reserved legal activity
• •Applying for probate itself can be done by anyone
• •Some aspects (property transfers, disputes) need solicitors
• •Complex estates should be referred

Business decision:

Many estate planners start at Level 1 or 2, adding fuller services as they gain experience. Others prefer to refer probate and focus on wills/LPAs.

Adding probate services requires additional training:

Core knowledge needed:

• •Probate law and process
• •Inheritance tax calculations
• •Asset valuation
• •Debt handling
• •Distribution rules
• •Timescales and deadlines

Practical skills:

• •Completing probate applications
• •Working with HMRC
• •Dealing with banks and institutions
• •Property transfers (to a point)
• •Client management through difficult time

Training options:

• •Standalone probate courses
• •Addition to estate planning training
• •Professional body courses
• •On-the-job learning with mentoring

Insurance considerations:

• •Probate work requires appropriate PI coverage
• •Check your policy covers probate
• •May need increased coverage limits
• •Professional body may have requirements

When to refer:

• •Disputes among beneficiaries
• •Complex tax situations
• •Business assets
• •International elements
• •Missing beneficiaries
• •Very large estates

Should you add probate services? Consider the business case:

Arguments for offering probate:

Revenue:

• •Additional fee per case
• •Probate fees often £2,000-5,000+
• •Multiple touchpoints with clients
• •Can be lucrative

Relationship:

• •Help families through difficult time
• •Deepen client relationship
• •Natural extension of will writing
• •Referral opportunities

Arguments against:

Complexity:

• •More things can go wrong
• •Longer timescales (months, not weeks)
• •More client management needed
• •Higher insurance requirements

Competition:

• •Banks and solicitors dominate
• •Price competition can be fierce
• •Expectations can be high

Time:

• •Cases take months to complete
• •Cash flow is slower
• •Less predictable income

Hybrid approach:

Many estate planners:

• •Offer basic support services
• •Handle simple probates themselves
• •Refer complex cases to specialists
• •Build relationships with probate firms

Financial comparison:

• •4 simple wills = ~£1,000
• •1 probate case = ~£2,000-3,000
• •Time: roughly similar
• •Risk: probate is higher