Probate and Estate Administration

Sorting out the estate of a loved one is often an emotional and demanding job which starts from the moment someone dies as someone must register the death and arrange the funeral.

Do I need to apply for a Grant from the Probate Registry to deal with the estate?

Unless all assets are held jointly with another person it will be necessary to obtain a grant to deal with the estate.

If the deceased left a Will, then the Grant required is a Grant of Probate

If the deceased did not leave a Will (an Intestate estate) the Grant required is a Grant of Letters of Administration.

It is possible for executors or administrators to apply for a Grant without the help of a solicitor, but it can be time consuming and administratively and technically challenging. Instructing a solicitor to assist can help ease the burden.

We can provide you with a personal cost-effective service tailored to your specific needs. This includes providing you with initial guidance through to obtaining the grant of probate or alternatively a full administration service. We are happy to provide a level of assistance suited to your needs.

Solicitors’ costs for dealing with the estate are treated as a liability of the estate and paid from funds in the estate before it is distributed to beneficiaries.

Our Probate Administration services include –

  • Registering the death
  • Arranging the funeral
  • Checking the validity of a Will or advising you on the rules of intestacy
  • Ascertaining the extent of the assets that make up the estate and the value of such assets at the date of death.
  • Helping identify the appropriate liabilities of the estate including testamentary expenses and funeral costs.
  • Completion of required Inland revenue returns and liaising with HM Revenue and Customs concerning inheritance tax, capital gains tax and income tax where required.
  • Arranging to calculate and pay Inheritance Tax where required.
  • Dealing with foreign assets
  • Arranging for a property to be cleared and marketed for selling.
  • Arranging for the assets of the estate to be encashed or transferred.
  • Arranging for the distribution of the estate in accordance with the Will or the rules of intestacy and providing full estate accounts to all Executors and appropriate beneficiaries
  • Considering if any post death tax planning is required to reduce the tax burden on the estate including Deeds of Variation

Key stages in Administration Process

To provide some guidance, we have highlighted below the Key Stages in the administration of an estate and a time frame for these stages to be reached. However, each individual case will be different depending on its own circumstances.

  • Obtaining the relevant information and applying for the Grant
  • Obtaining the Grant (on average takes 8-12 weeks to get to this stage of the administration)
  • Dealing with the Assets either by sale or transfer
  • Settling Liabilities
  • Produce Estate Accounts
  • Distribution of funds (on average takes 9-12 months to get to this stage of the administration)

If you need assistance, please contact our head of private client services, Helen Robins, at [email protected]  or call 01704 617100 for a no-obligation discussion and for expert legal advice.