Probate and Estate Administration
Practical support for executors, administrators and families dealing with probate and the administration of an estate after someone has died.
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Dealing with someone’s estate after their death can involve much more than obtaining a Grant of Probate. Executors or administrators will need to identify and value assets, establish outstanding debts, deal with Inheritance Tax, collect money and property, settle liabilities and ultimately distribute the estate to the people entitled to inherit.
DTM Legal’s Trusts & Estates team advises executors, administrators, beneficiaries and families on estates ranging from relatively straightforward administrations to estates involving businesses, agricultural property, trusts, substantial investments or more complex tax considerations. We can provide assistance with a particular stage of the process, such as obtaining the Grant, or manage the wider estate administration on your behalf.
Where there is a valid Will, the executors named within it will usually be responsible for administering the estate and may need to obtain a Grant of Probate. If there is no Will, the intestacy rules determine who is entitled to inherit and who may apply for authority to administer the estate, normally through Letters of Administration.
Probate and Estate Administration Legal Services
Our Trusts & Estates team can provide as much or as little assistance with an estate as you require.
Our services include:
- Advising executors and administrators on their responsibilities
- Establishing whether a Grant of Probate or Letters of Administration is required
- Grant-only probate applications
- Full estate administration
- Identifying and valuing estate assets and liabilities
- Preparing Inheritance Tax returns where required
- Advising on and arranging payment of Inheritance Tax from the estate
- Liaising with banks, investment providers, pension providers and other organisations
- Collecting estate assets following the Grant
- Dealing with property forming part of an estate
- Settling debts and other estate liabilities
- Preparing estate accounts
- Distributing assets and funds to beneficiaries
- Administering estates where there is no valid Will
- Advice on estates involving trusts
- Business, agricultural and rural estate administration
- Estates involving overseas assets or beneficiaries
Why Instruct DTM Legal?
Acting as an executor or administrator carries significant responsibility. Before an estate can be distributed, the personal representatives need to establish what the deceased owned and owed, deal with relevant tax matters, collect the assets and ensure that the correct beneficiaries receive what they are entitled to. HMRC describes estate administration as progressing from identifying assets and debts and obtaining the Grant, through collecting the assets, to settling liabilities and distributing the remaining estate.
Our role is to make that process manageable. We can identify the steps required, deal with the Probate Registry and HMRC where appropriate and help executors navigate more complicated issues such as property, investments, business interests, trusts or substantial tax liabilities. Where an executor is comfortable handling some parts themselves, we can also provide more limited assistance, including Grant-only applications.
We provide:
- Clear guidance through the probate and estate administration process
- Full estate administration or Grant-only support where appropriate
- Experience dealing with straightforward and complex estates
- Advice on Inheritance Tax and other estate tax matters
- Support for executors and administrators throughout their appointment
- Experience with property, businesses, agricultural assets and trusts
- Coordination with other professional advisers where required
Get in Touch
If you have been appointed as an executor, need to administer an estate where there is no Will or would simply prefer professional support with the probate process, our Trusts & Estates team can help.
To discuss your requirements, contact us by emailing trustsandestates@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.
Request a Consultation
Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.
Frequently Asked Questions
Commonly asked questions about Probate and Estate Administration Legal Services.
- What is the difference between probate and estate administration?
- Do I need a solicitor to apply for probate?
- How long does probate and estate administration take?
- What happens if someone dies without a Will?
- Can beneficiaries change how an estate is divided after someone has died?
Probate is commonly used to describe the process of obtaining the legal authority needed to deal with someone’s estate after their death. Where there is a Will, the executors may apply for a Grant of Probate. Where someone dies without a Will, the appropriate person may instead apply for Letters of Administration.
Estate administration is the wider process. It includes identifying and valuing assets and liabilities, dealing with Inheritance Tax and other tax matters, obtaining the Grant where required, collecting the assets, paying debts and expenses, preparing estate accounts and distributing the remaining estate to beneficiaries.
A solicitor can therefore be instructed simply to obtain the Grant or to manage the full estate administration.
No. An executor or administrator can apply for probate themselves where they are comfortable doing so. GOV.UK provides both online and postal application routes.
Professional assistance can nevertheless be useful where the estate is substantial or complex, Inheritance Tax is payable, there are businesses, trusts or overseas assets, the Will is unclear or there is disagreement between beneficiaries.
You can also choose how much help you require. DTM Legal can deal with a Grant-only application while you administer the remaining estate yourself, or manage the complete administration on your behalf.
There is no fixed timescale because much depends on the assets involved and the complexity of the estate.
GOV.UK currently advises that a Grant of Probate or Letters of Administration will usually be issued within 12 weeks of submitting the application, although it can take longer where further information is required.
The overall estate administration will usually take longer because assets still need to be collected, debts and taxes settled, property potentially sold and estate accounts prepared before final distribution.
It is worth noting that if inheritance tax is payable, it is payable from 6 months from the end of the month in which the death occurred, and the inheritance tax report would need to be submitted within 12 months of the death; both of these timeframes avoid penalties and interest being applied
When someone dies without a valid Will, they are described as dying intestate.
The intestacy rules determine which relatives are entitled to inherit and in what proportions. The person entitled to administer the estate will normally need to apply for Letters of Administration rather than a Grant of Probate.
The process of administering the estate is then broadly similar: assets and liabilities need to be established, tax matters addressed, the appropriate Grant obtained where required and the estate distributed to those legally entitled to inherit.
Potentially. Beneficiaries can sometimes agree to redirect an inheritance through a Deed of Variation.
A variation can have Inheritance Tax and Capital Gains Tax implications, so legal and tax advice should be obtained before arrangements are changed or assets are distributed.
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