Solicitor fees for probate

Solicitors in Ireland charge for probate work in one of three ways: a flat fee for a standard estate, a percentage of the gross estate value, or hourly rates. Each structure has different implications for what you end up paying. Understanding the difference is how you compare quotes fairly rather than by sticker price alone.

Flat-fee structure

The most transparent and, for most estates, the cheapest structure. A flat-fee probate firm charges a fixed amount for a standard estate that meets their criteria:

• Typical flat fee range: €2,000 to €3,500 plus VAT at 23%, bringing the total to €2,460 to €4,305.
• What is standard: an estate with a valid will, a single residential property, a handful of financial institutions, one to five beneficiaries, all assets in Ireland, no disputes.
• What inflates it: multiple properties, overseas assets, contested beneficiaries, agricultural or business property requiring relief structuring.

Flat-fee firms will typically give you a fixed quote after reviewing the basic details of the estate: death certificate, will, rough asset list. The quote is binding unless the estate turns out to be materially different from what was described.

Flat-fee firms are most commonly found among smaller provincial firms and online-first solicitor services. Larger Dublin firms and traditional partnerships often prefer percentage structures.

Percentage of the estate

Historically the dominant structure in Ireland, and still common at larger firms:

• Typical percentage: 1.5% to 2.5% of the gross estate value, plus VAT at 23%.
• Minimum fee: usually €2,000 to €3,000 plus VAT even on smaller estates.
• Maximum fee: typically capped at around €10,000 to €15,000 for standard estates; higher-value estates are negotiated.

On a €500,000 estate at 2%, the fee is €10,000 plus VAT, giving €12,300. Compared to a flat-fee firm charging €3,500 plus VAT, the percentage structure costs an additional €7,995 without providing any additional service.

Percentage fees make economic sense for very large or very complex estates where the solicitor's actual work scales with the size of the estate. For standard estates in the €300,000 to €1,000,000 range, flat fees are usually significantly cheaper.

Hourly rates

Rare for probate work but used by some firms for complex matters:

• Typical hourly rates: €180 to €400 for solicitors, €80 to €150 for paralegals.
• Typical total hours on a standard estate: 15 to 25 hours.
• Typical total fee: €3,000 to €10,000 plus VAT.

Hourly rates provide flexibility for genuinely unpredictable cases but make budgeting impossible in advance. Avoid hourly rate engagements for standard estates; they consistently deliver bills higher than flat-fee quotes.

What the fee typically covers

A standard solicitor's probate fee covers:

• Meeting with the executor to take instructions
• Drafting the Oath of Executor (or Oath of Administrator) and other probate papers
• Filing the SA2 with Revenue on the executor's behalf
• Lodging the probate application at the Probate Office
• Responding to Probate Office queries, where any arise
• Attending the Probate Office appointment with the executor
• Obtaining the Grant of Probate
• Writing to institutions on the Grant issuing to collect assets
• Paying known debts of the estate
• Distributing the estate to beneficiaries in accordance with the will or intestacy rules
• Preparing a final estate account showing what was collected, what was paid out, and the residue

What the fee typically does not cover

Several items that executors often assume are included but are usually charged separately:

• CAT and IT38 advice for beneficiaries. The executor's solicitor typically does not file beneficiaries' IT38 returns; beneficiaries either file themselves or instruct their own tax adviser.
• Property valuations. Paid to the estate agent or valuer separately.
• Court fees. Passed through to the executor at cost.
• Certified copies of the Grant. Usually included, but check.
• Contested beneficiary claims. Defending a Section 117 claim is a separate litigation engagement, typically charged on top of the probate fee at litigation rates.
• Overseas grants. If a parallel Grant is needed in another jurisdiction (most commonly UK), that jurisdiction's legal costs are additional.
• Revenue queries on the SA2. Minor queries are usually included; extensive queries or an audit may be charged separately.

How to compare quotes

Ask every firm the same questions:

1. Is this a flat fee or a percentage? If a percentage, what is it, and what does the base value include?
2. What is the fee inclusive of VAT?
3. What specifically is included, and what is charged separately?
4. What happens if Revenue queries the SA2 or the Probate Office queries the papers? Included or extra?
5. What is the estimated elapsed time from instruction to Grant issuing?
6. Do you provide a Section 150 written notice of charges before starting work? (Required by the Law Society; any firm saying no is a red flag.)

Compare the total likely outlay, not just the headline number. A €2,500 flat fee with €1,500 of typical "extras" is not obviously cheaper than a €3,500 all-inclusive flat fee.

When paying a solicitor is obviously worth it

A solicitor consistently pays for themselves where:

• The estate is contested, or any family member has threatened legal action
• The estate includes a farm or business needing Agricultural Relief or Business Relief structuring
• Overseas assets require parallel grants in other jurisdictions
• The estate crosses €1 million in gross value
• The will is in a foreign language, has questionable execution, or has witnesses that cannot be located
• There are minor or incapacitated beneficiaries requiring court-appointed oversight
• The executor is geographically remote from Ireland (for example, living abroad)

For each of these, the solicitor's €3,000 to €8,000 fee buys professional indemnity insurance against the downside, as well as specialist knowledge. The €3,000 saved on a personal application is not worth the €50,000 downside of getting a Business Relief claim wrong.

When paying a solicitor is probably waste

For a standard Irish estate that meets all of the following, a solicitor is probably paying the firm to do what you could do with a good workflow:

• Valid will, no contested beneficiaries
• One residential property, a couple of bank accounts, a pension, personal possessions
• Fewer than five beneficiaries, all adults with capacity
• All assets in Ireland
• No Agricultural Relief or Business Relief
• You have time (30 to 40 hours across 3 to 6 months) to do the administration yourself

For estates fitting that profile, a personal application with proper preparation typically reaches the same end result and saves €3,000+ in fees.

Getting a second quote

If a solicitor quotes a fee above €4,000 plus VAT for a standard estate, get a second quote from a flat-fee firm before accepting. Irish solicitor probate fees vary by multiples, not percentages, for equivalent work. A 30-minute phone call to a different firm can save several thousand euro.