Probate and estate administration

What probate means

When someone dies, their assets are frozen until somebody has legal authority to deal with them. That authority is a grant of representation. If there is a will naming executors, they apply for a grant of probate. If there is no valid will, a relative applies for letters of administration, in an order of priority set by the rules.

Not every estate needs a grant. Small holdings can often be released without one, and jointly owned assets frequently pass automatically to the survivor. We will tell you at the outset which applies.

What is involved

Establishing whether there is a valid will, and locating the original
Identifying and valuing everything owned and everything owed at the date of death
Reporting to HMRC and paying any inheritance tax due
Applying to the Probate Registry for the grant
Collecting in the assets and settling debts, tax and funeral costs
Paying legacies, preparing estate accounts, and distributing what remains

The parts people find hardest

Inheritance tax often has to be paid before the grant is issued, which creates an obvious difficulty when the money is locked in the estate. There are routes through this — direct payment from the deceased's bank, instalment options on property, short-term borrowing — and choosing early matters.

Executors are personally liable for getting it wrong. If you distribute the estate and a creditor appears afterwards, the shortfall can come out of your own pocket. Placing statutory notices under the Trustee Act 1925 protects you against unknown claims, and it is a step worth taking every time.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be brought within six months of the grant, so distributing too quickly carries its own risk.

How long it takes

A straightforward estate usually takes nine to twelve months from death to distribution. Property that must be sold, business assets, foreign assets, missing beneficiaries or a disputed will will all extend that. Grant processing times at the Probate Registry vary and are outside anybody's control.

We will give you a realistic timetable at the start and tell you when it changes.

How we work

You can hand us the whole administration, or ask us to obtain the grant and deal with the rest yourself. We will explain both and what each costs before you decide. Our prices for estate administration are published in full.