Probate FAQs

If someone dies without a valid will, they are known to have died ‘intestate’. As a result, their estate will be dealt with in accordance with the ‘Rules of Intestacy’, which are set by law. 

The person authorised to deal with the deceased’s estate is known as an ‘administrator’ and is also chosen by law. The administrator may need to obtain a legal document called a Grant of Administration to deal with the estate.

The administrators may also be known as ‘personal representatives’.

The personal representatives, whether executors or administrators, are legally responsible for dealing with all the assets within the deceased person’s estate. This is from the time the deceased passes away until the time the estate is distributed to the beneficiaries. 

The personal representatives’ responsibilities include:

• Collecting in all assets
• Paying all debts of the estate
• Paying any taxes that are due
• Distributing the estate in accordance with the will.

It’s important to remember that personal representatives can be held financially liable if an error is made that results in the beneficiaries receiving less than they should.

An estate will normally need a Grant of Probate or Letters of Administration if the deceased:

• owned a property in their sole name or as joint tenants in common
• had savings or investments above a certain threshold.

Having a Grant of Probate or Letters of Administration will allow the personal representative to sell or transfer property and close the deceased’s accounts, so that beneficiaries can receive their inheritance.

The personal representative is responsible for winding up the deceased’s estate, which includes dealing with their assets and liabilities. The representatives are responsible for this from the date the deceased passed away through to the date the estate is distributed to beneficiaries. This period is known as the ‘administration period’.

It’s difficult to say how long the process will be as every estate is different. A straight-forward estate may take 6-12 months to administer, however it could take longer if there is a property to sell.

In more complex cases it could take longer, however it will depend on the individual case and the complexities involved.

For example, there may be missing beneficiaries that need to be traced, or someone may unexpectedly come forward and make a claim against the estate.

There are several deadlines you will need to consider when dealing with someone’s estate. The following are three that you may need to adhere to:

• If the estate is liable to Inheritance Tax (IHT), the tax must be paid by the end of the sixth month following the death of the deceased. If it is not, HM Revenue and Customs (HMRC) could charge interest. Please note that with some assets, you may be able to pay the IHT liability by instalments.
• If you do need to report an estate to HMRC, this must be done within 12 months of the date of death.
• Claims made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within six months of the date of the Grant of Representation. This includes both the Grant of Probate and the Grant of Letters of Administration, and claimants have a four-month window in which to make their claim.

There is no legal requirement for a personal representative to use a solicitor and if:

• there is no need to obtain a Grant of Probate; or
• the estate is very simple, for example, where the estate is passing to a surviving spouse or civil partner, it will not be necessary to use a solicitor.

If you need a Grant of Probate, you may want to consider using a solicitor to ensure the estate is administered correctly and all the legal requirements are met.

Personal representatives have a legal duty to administer the estate in accordance with the will and to act honestly and diligently. They’re also legally obliged to make decisions that are in the best interest of the estate and the beneficiaries.

If this is not done correctly, the personal representatives can be held personally responsible and may be financially liable for any losses.

As solicitors have spent years being legally trained, they can ensure the estate and probate is dealt with in an accurate, diligent and timely manner. This is particularly important if the will is complex and difficult to understand, such as where trusts are involved or where there are multiple beneficiaries to deal with.

Using a solicitor also provides peace of mind that the personal representatives will be protected against any potential claims that they may be financially liable for.

Furthermore, solicitors are familiar with the rules around IHT exemptions and reliefs, so can help to minimise any exposure to the tax. Above all, dealing with a loved one’s estate and applying for probate can create additional anxiety at an already difficult time. Instructing a solicitor removes the stress that all-too-often comes with negotiating the probate process, so that you can concentrate on coming to terms with the loss of your loved one.