Grant of Probate and Estate Administration
We provide clear, practical guidance on probate and estate administration, supporting families and executors at every stage. Whether you are dealing with a straightforward estate or a more complex matter, we ensure the legal and administrative process is handled efficiently, with sensitivity and professionalism.
We deal with a variety of estates ranging from the simple to high value complex estates.
A simple estate is one where, for example:
- there is no issue as to the validity of the Will;
- it does not contain complicated or unusual provisions;
- there are only a few bank or other accounts;
- there is only a limited number of beneficiaries; and
- no inheritance tax is payable
A complex estate is one where, for example:
- there is a Will with complicated or unusual provisions;
- there are numerous accounts, investments, or shares;
- there are significant liabilities;
- there are many beneficiaries;
- trusts are created;
- there is inheritance tax to calculate and pay-
- there is property to manage;
- there is a dispute in relation the the Will’s provisions; or
- there are claims being made against the estate.
What is the Difference Between Grant of Probate and Estate Administration?
A Grant of Probate is the legal document issued by the Probate Registry that confirms the authority of executors named in a Will to deal with the estate. It is often required before banks, investment providers, or other institutions will release funds or transfer assets. In cases where there is no Will, a Grant of Letters of Administration may be required instead, appointing administrators to manage the estate.
Estate Administration, on the other hand, is the wider process of managing and distributing everything that forms part of the estate. This includes collecting assets, settling debts, calculating and paying Inheritance Tax, transferring property, and distributing inheritances to beneficiaries. While obtaining a Grant of Probate may be just one step, full administration often involves months of detailed work, especially where the estate is complex or involves multiple parties.
When is Probate Required?
Not every estate requires a Grant of Probate. Smaller estates, where assets are held jointly or where financial institutions release funds without formal probate, may be dealt with informally. However, probate is usually necessary where assets are solely in the deceased’s name, where there are property sales involved, or where significant sums of money are held with banks and investment providers.
If there is no Will, the estate falls under the rules of intestacy. In these cases, family members may need to apply for Letters of Administration instead, and the law dictates who inherits. We provide guidance in both circumstances to ensure estates are dealt with correctly and without unnecessary delay.
Frequently Asked Questions
Do I always need probate to deal with an estate?
Probate is not always required. If the estate is small, or if most assets are jointly owned, financial institutions may release funds without a Grant of Probate. However, where property is involved or where significant sums are held solely in the deceased’s name, probate will usually be necessary.
How long does the probate process take?
The time involved depends on the complexity of the estate. A simple estate may take six to nine months to complete, while more complex matters can take over a year. Factors such as property sales, tax calculations, or disputes can extend the process. We keep you informed at every stage so you know what to expect.
What is the difference between executors and administrators?
Executors are individuals named in a Will who are authorised to manage the estate. Administrators are appointed where there is no Will, or where executors are unable or unwilling to act. The responsibilities are broadly the same: collecting assets, paying debts, handling tax, and distributing the estate.
How much does probate cost in the UK?
Costs vary depending on the complexity of the estate. Simple estates with limited assets and beneficiaries are less expensive to administer, while complex estates involving property, trusts, or tax issues will cost more. We provide a clear estimate at the outset and update you as the matter progresses.
What happens if there is a dispute over the Will?
Disputes may arise over the validity of the Will or the fairness of its provisions. These can delay estate administration significantly. We advise on resolving disputes and, where necessary, represent clients in negotiations or proceedings to ensure the estate can be administered correctly.
Can I apply for probate myself without a solicitor?
It is possible to apply for probate personally, but many people find the process overwhelming, especially where there are tax implications or multiple beneficiaries. Using a solicitor ensures the application is completed accurately, deadlines are met, and the estate is distributed correctly, reducing the risk of mistakes or disputes.
How We Assist with Estate Administration
Each estate administration is different, and the work involved depends on the assets, liabilities, and family circumstances. We provide tailored support ranging from assisting executors with specific tasks to managing the full administration on their behalf.
We handle estates of all sizes, including:
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Simple estates, where there is a valid Will, only a small number of assets, limited beneficiaries, and no Inheritance Tax payable.
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Complex estates, which may involve multiple properties, investments, trusts, business interests, international assets, or disputes between beneficiaries. These estates often require detailed tax calculations and ongoing administration.
Our experience enables us to anticipate challenges and resolve them effectively, ensuring the administration is carried out lawfully and efficiently.
Inheritance Tax and Probate Applications
A key part of estate administration is determining whether Inheritance Tax is payable. Even where no tax is due, one of two forms must still be completed: IHT205 for simpler estates or IHT400 for estates where tax may be payable. No Grant of Representation will be issued until HMRC confirms that the required tax has been paid or appropriate arrangements have been made.
We advise on tax liabilities from the outset and ensure all reporting requirements are completed accurately. For complex estates, this may involve liaising with HMRC, preparing valuations, and ensuring deadlines are met to avoid penalties or interest.
How Our Probate and Estate Fees Work
We understand that cost is an important consideration at a difficult time. We provide a clear indication of fees during our initial meeting, based on the size and nature of the estate. Fees are calculated with reference to the value of assets, number of beneficiaries, and complexity of the work required. This ensures transparency and helps families plan with confidence.
Simple estates are generally more straightforward and cost-effective to administer. Complex estates, where there are multiple accounts, trusts, tax considerations, or disputes, will naturally involve higher costs due to the level of professional work required. We will always provide an updated fee estimate once we have full details of the estate.
Please feel free to call a member of our team for an initial discussion about your requirements (free of charge).
Email: [email protected]
Telephone: 01823 351122