Probate & Estate Administration

Applying for Probate

Probate is the legal process that confirms an executor’s authority to deal with a deceased person’s assets. In England and Wales, this means applying for a ‘Grant of Probate’ when there’s a valid will, or ‘Letters of Administration’ when there isn’t.

When Probate Is Required

Probate is typically needed when the deceased owned:

• Property in their sole name
• Significant financial assets (usually above £5,000, though thresholds vary between financial institutions)
• Certain types of shares or investments

Some assets may pass outside of probate, including:

• Jointly owned property (which passes to the surviving owner)
• Life insurance policies or pensions with named beneficiaries
• Small bank accounts (under the institution’s threshold)

The Application Process

1. Register the death and obtain the death certificate
2. Value the estate by gathering information about all assets and debts
3. Complete probate application forms:
   • PA1P if there is a will
   • PA1A if there is no will
4. Complete inheritance tax forms, even if no tax is due
5. Submit your application online or by post to the Probate Registry
6. Pay the application fee (£273 for estates over £5,000, no fee for estates under £5,000)
7. Swear an oath confirming the information is correct (may be done online or at a solicitor’s office)

Timeframes

The current waiting time for probate applications is approximately 8-12 weeks from submission, though complex cases may take longer.

Executor Responsibilities

Executors have a legal duty to administer the estate properly and are personally liable for any mistakes.

Key Duties

• Secure the estate’s assets immediately after death
• Notify relevant organisations of the death (banks, utility companies, government departments)
• Collect and value all assets owned by the deceased
• Pay all debts and liabilities, including funeral expenses, outstanding bills, and taxes
• Prepare estate accounts showing all money received and paid out
• Distribute the estate according to the will or intestacy rules

Potential Complications

• Contentious probate: If the will is challenged or disputes arise between beneficiaries
• Foreign assets: Property or investments held outside the UK may require additional procedures
• Business interests: Special considerations for business owners
• Tax investigations: HMRC may investigate if they suspect undervaluation of assets

When to Seek Professional Help

Consider hiring a solicitor or probate specialist if:

• The estate includes complex assets (businesses, foreign property)
• The will is contested or unclear
• There are complicated family relationships
• The estate is insolvent (more debts than assets)
• The estate is liable for inheritance tax

Timeline & Process

Immediate Steps (First Month)

1. Register the death within 5 days
2. Secure property and valuables
3. Locate the will and notify beneficiaries
4. Arrange the funeral
5. Begin cataloguing assets and liabilities

Early Administration (1-3 Months)

1. Contact financial institutions to freeze accounts and request valuations
2. Value properties and other significant assets
3. Identify and settle immediate debts
4. Prepare and submit probate application

Mid-Stage Administration (3-6 Months)

1. Receive Grant of Probate/Letters of Administration
2. Open executor’s bank account for estate funds
3. Close the deceased’s accounts and transfer funds
4. Sell or transfer assets as needed
5. Pay inheritance tax (if applicable)

Final Administration (6-12 Months)

1. Pay remaining debts and liabilities
2. Finalise estate accounts
3. Distribute assets to beneficiaries
4. Prepare final tax returns for the deceased and the estate
5. Retain records of the administration (recommended for at least 12 years)

Average Timescales

• Simple estates (few assets, no property, no inheritance tax): 6-9 months
• Average estates (property, some investments, potential inheritance tax): 9-12 months
• Complex estates (multiple properties, business interests, trusts, or disputed wills): 12-24 months or longer

Practical Considerations

Record Keeping

Maintain thorough records of:

• All assets and their values
• All debts and expenses paid
• Correspondence with banks, HMRC, and other institutions
• Distribution of assets to beneficiaries

Managing Estate Funds

• Open a dedicated executor’s account to keep estate money separate
• Keep clear records of all transactions
• Avoid mixing personal and estate funds
• Consider interim distributions to beneficiaries if appropriate

Communication with Beneficiaries

• Provide regular updates on progress
• Be transparent about timeframes and any delays
• Explain complex decisions, particularly if they affect inheritance amounts
• Document all distributions with receipts from beneficiaries