Probate / Estate Administration/ Role of Executors

14. Probate / Estate Administration/ Role of Executors

https://www.gov.uk/when-someone-dies

☐ My personal experience of Probate is that is very lengthy & very stressful. You may wish to delegate these tasks to a solicitor.

What Is Probate and Why Is It Necessary?

☐Obtaining a Grant of Probate is the legal process that allows someone to administer the estate of a deceased person.

☐This involves valuing and collecting their assets, paying off any debts, taxes and distributing what remains to the rightful beneficiaries according to the terms of the Will or, if there is no Will, the intestacy rules. https://www.gov.uk/inherits-someone-dies-without-will

☐ Probate gives authority to manage the deceased’s estate. Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die. Cannot make any financial plans or put property on the market until you’ve got probate.

☐ Probate process typically takes 12 months or more in the UK.

☐ Typical costs for DIY Probate-

If the value of the estate is over £5,000, HMCTS application fee is £300.

There’s no fee if the estate is £5,000 or less.

The Ministry of Justice (MOJ) has announced that from 17 November 2025 the fee for obtaining copies of probate grants, wills or letters of administration in England and Wales will increase from £1.50 to £16 per copy.

Postage costs ~ £200

☐ Typical costs for Solicitors Probate- upwards of £4000 + VAT

When Is Probate Required?

If you are named as the Executor in a Will, you will need to apply for a Grant of Probate to manage the assets of the deceased if they held:

Property, such as a house or flat, which is in the sole name of the deceased or if they own a share as a tenant in common.
Bank accounts in the deceased’s sole name with balances above the threshold set by the individual financial institution.
Investments, shares or other financial assets.
Any other significant assets, such as valuable possessions or businesses.

When Is Probate Not Required?

In some cases, a Grant of Probate is not needed. These include:

Jointly Owned Property or Assets — If property or assets are held in joint names with a spouse or partner, they usually pass automatically to the surviving owner through survivorship. https://www.gov.uk/joint-property-ownership
Small Estates — Estates with minimal assets (e.g., bank balances under the threshold below the value of £5,000) or no property may not require a Grant of Probate, as institutions may release funds without formal legal documentation.
Nominee Accounts — Certain life insurance policies or pension funds may be excluded if they are directly payable to a named beneficiary.

Without applying for the Grant of Probate, Executors or Personal Representatives lack the legal authority to access or transfer these assets, leaving them unable to settle the estate.

☐ If there’s a Will → apply for Grant of Probate.

☐ Identify the Executor(s) named in the Will.

☐ Executors should:

☐Secure property and valuables- any jewelry that the deceased is wearing should be removed and ideally documented.

☐Inform beneficiaries.

☐Value assets and debts.

Value the estate-work out how much the deceased’s assets (items in the estate) are worth so that you can pay any inheritance tax owed. HMRC expects executors to look into the deceased’s finances for the previous 7 years.
Property-get a professional valuation – either by an estate agent or a qualified valuer, such as a surveyor.
Bank accounts and pensions. Find out exactly how much money the deceased held in bank accounts on the date they died (including income earned but not yet credited).
You will also need to know how much any investments or shareholdings were worth on the date they died, as well as the value of any business interests, pensions, or other income due.
Possessions. Certain items need to be valued, such as jewellery, vehicles, electrical goods, and collections.

☐ Apply for Probate (if there’s a Will) or Letters of Administration (if none). https://www.gov.uk/applying-for-probate?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a

☐ If you think the person who died made a will, but you cannot find it, check if they left it with their bank or at the probate registry.

☐ Can also contact Certainty Will Search who operate a voluntary register of wills. https://www.nationalwillregister.co.uk/

☐ May need to place an ad in the Law Society Gazette to find missing will.

☐ Gather documents: death certificate, Will, asset valuations, executor IDs.

☐ Complete Inheritance Tax forms (IHT205 or IHT400). https://www.gov.uk/valuing-estate-of-someone-who-died?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a

☐ You’ll normally have to start paying Inheritance Tax before probate is granted. https://www.gov.uk/paying-inheritance-tax

☐ Inheritance tax must be paid no later than 6 months from the end of the month in which the deceased died. For example, if the person died in January, you must pay inheritance tax by 31 July. HMRC will charge interest on unpaid tax after that date.

☐ If there’s inheritance tax to pay, normally you’ll have to pay at least some of it before you’ll be granted probate.

☐ Apply online or by post via GOV.UK probate service. https://www.gov.uk/applying-for-probate/apply-for-probate

Apply for probate online.

☐You can apply for probate online if you’re the executor and you:

have the original will to upload.
have the original death certificate or an interim death certificate from the coroner to upload.
have already reported the estate’s value for inheritance tax to HMRC.

You will also need to send the original will by post.

☐Submit the application (online or postal) along with documents, original Will, and fee.

Pay probate fee (if estate value > threshold) and request at least 15 extra copies of Grant of Probate.
Send supporting documents, including original Will to HMCTS Probate Office with application cover sheet (for online) https://insidehmcts.blog.gov.uk/2025/05/21/applying-for-probate-top-tips-tools-and-what-to-expect/
Ensure all supporting documents are included (incomplete applications are often “stopped”) insidehmcts.blog.gov.uk
Don’t apply too soon before HMRC issues IHT forms — delays may occur.
Use the cover sheet when sending documents for online applications to match them properly.
Wait for Grant of Probate / Letters of Administration to be issued.
Once granted, you can legally deal with estate: collect assets, pay debts, distribute per Will or law.
Advisable to open a separate executor bank account,

☐ If your Probate application is approved

The will and any additions to it (‘codicils’) will be kept by the probate registry and become a public record.
If you sent in the death certificate, it will be returned to you.

☐ What HMCTS will send:

You will get a document that allows you to start dealing with the estate. This will be one of the following:

a ‘grant of probate’ – if the person left a will.
‘Letters of administration with will annexed’ – if the will does not name an executor or the named executor cannot apply.
‘Letters of administration’ – if the person did not leave a will.

☐ Place a deceased estates notice in The Gazette. https://www.thegazette.co.uk/wills-and-probate/what-to-do-when-someone-dies-executor-duties

The Gazette contains the details of a deceased person and the executor/administrator, so that anyone or any organisation owed money by the deceased person’s estate can come forward.
Placing a deceased estates notice demonstrates that enough effort has been made to find creditors before distributing an estate to its beneficiaries (the people who will inherit the estate). This protects the executor from being personally responsible for money owed to any unidentified creditors.

☐ Once probate is granted, executors can distribute the estate.

☐ Pay outstanding debts, utility bills, and taxes from the estate

☐The Department for Work and Pensions (DWP) is responsible for welfare, pensions and child maintenance policy. If the deceased had a pension or any benefits, these would need to be repaid. This process can delay the will distribution by 8 months.

Collect the assets.

☐ Open a newly opened bank separate Executor bank account on behalf of the estate – need ID.

☐ Use an excel sheet of all incoming & outgoings.

☐ Essential that you keep clear records and correspondence that show what money is coming in and out of the estate, as this will give you a clear paper trail showing how the estate has been administered and to form your estate accounts.

Banks and other institutions will only transfer money from the deceased’s bank account into the executor’s account once a grant of probate has been issued.

Pay any debts and taxes.

There is a set order of priority for paying off debts:

Funeral expenses, if not previously paid.
Taxes that are due.
HMRC, DWP offices.
Creditors, such as loans, mortgages, and outstanding debts.
Beneficiaries, if there is a will and no unpaid creditors have come forward. Distribute inheritance per Will — or, if no Will, per UK intestacy law (considering Islamic inheritance rules).

☐ Keep written records for all distributions.

☐ Notify Land Registry to transfer or remove names on property deeds.

☐ If no Will → apply for Grant of Letters of Administration.

Typical probate key stages timeline

1. Registering the Death

Timeframe: Typically, 1-2 weeks

2. Gathering Financial Information

Executors or Personal Representatives must gather detailed information about the deceased’s assets and liabilities. This includes:

Identifying bank accounts, investments and property.
Valuing assets such as shares, pensions or valuable possessions.
Determining debts, including mortgages, loans and unpaid bills.

This step often involves contacting banks, insurers and other institutions, which can be time-consuming if delays occur.

Timeframe: 10-20 weeks, depending on the complexity of the estate and responsiveness of third parties.

3.Applying for the Grant of Probate

Once all financial information has been gathered, the Executor applies for the Grant of Probate (or Letters of Administration if there is no Will).

If inheritance tax is owed, it must be paid before the Grant is issued. This stage involves completing HMRC forms to confirm the estate’s value and liabilities so that the inheritance tax can be determined.

Timeframe: The HMRC aims to process applications within 16-28 weeks.

4. Distribution of Assets

After obtaining the Grant of Probate, Executors can begin administering the estate. This includes:

Paying any outstanding debts and taxes.
Selling or transferring property.
Distributing the remaining assets to beneficiaries according to the Will or intestacy rules.

This stage can take considerably longer for estates involving property sales or disputes among beneficiaries.

Timeframe: 6-14 months, but longer if property or legal complications arise

Common Reasons for Probate Delays

☐ Probate process typically takes 12 months or more in the UK

1. Complexity of the Estate

Complex estates can take significantly longer to administer.

Large Estates with Multiple Assets — Estates with numerous accounts, properties, or investments require more time to identify, value and manage.
Overseas Assets or Properties — Dealing with assets located abroad involves navigating international legal systems, which can be time-consuming.
Trusts or Tax Implications — Estates involving trusts or those subject to inheritance tax (IHT) often require additional legal and financial steps, further delaying the process. https://www.gov.uk/trusts-taxes/trusts-and-inheritance-tax

2. Challenges with Locating Beneficiaries

Finding and confirming beneficiaries can be another significant cause for delay:

Missing or Untraceable Beneficiaries
Disputes Over beneficiary’s Entitlement

3. Delays from Government and Financial Institutions

External delays often come from the institutions involved in Probate:

HMRC Delays in Processing IHT — HM Revenue & Customs backlogs can slow down tax assessments and approvals.
Probate Registry Backlogs — Processing times for Grant of Probate applications frequently exceed the Government’s 16-week guideline.
Delays in Accessing Financial Information — Banks and other institutions can take months to provide the required details, especially for complex accounts.

4. Family Disputes and Contested Wills

Disagreements among family members or challenges to the Will can also significantly delay Probate:

Challenges to the Will’s Validity — Claims of undue influence or disputes over the Will’s authenticity can lead to lengthy legal proceedings.
Disputes Among Beneficiaries — Conflicts about asset distribution often stall progress, requiring mediation or legal intervention.

5. Property and Asset Issues

Delays in Selling or Valuing Properties — Property sales can take months, particularly in slower markets or for unusual properties.
Managing Unique or Hard-to-Value Assets — Items such as rare art, antiques, or businesses may require specialist valuations, adding time to the process.

Attorneys vs Executors — Key Distinctions

☐ An attorney (via a Lasting Power of Attorney, LPA) acts on behalf of someone while they are alive — for finances, health, and welfare — and loses authority on the person’s death.

☐ An executor is the person named in the Will who takes over after death to administer the estate: registering the death, collecting assets, paying debts and taxes, and distributing inheritance.

☐ The same individual can be both attorney (while alive) and executor (after death) — this can help continuity and understanding.

☐ It is helpful for the Will-maker (testator) to discuss both roles in life, so the attorney and executor understand their responsibilities and can prepare.