Probate and Estate Administration

In the immediate period after a death, there are a few steps to work through. If the death was expected and occurred at home, contact the GP or out-of-hours service; if unexpected, call emergency services. The doctor will certify the death and provide a medical certificate. The death should be registered within five days at the local register office where the death occurred. Bring the medical certificate and whatever information you have about the deceased. You will receive the death certificates needed for banks and other organisations, and a certificate for burial or cremation. After which you can begin to think about next steps.

Probate is the legal process of administering someone’s estate after they die. It involves obtaining a grant of probate (if there’s a Will) or letters of administration (if there isn’t), collecting all assets, paying debts and taxes, and distributing the estate to beneficiaries. The grant of probate is the legal document that confirms executors’ authority to deal with the deceased’s assets. Most banks, building societies, and other institutions require sight of the grant before releasing funds.

The time to administer an estate depends on its complexity, the assets involved, and whether any issues arise. Timescales vary depending on estate complexity, whether Inheritance Tax is payable, how quickly assets can be sold, and whether any disputes arise. The time to obtain a grant of probate depends on HMRC’s processing times and the complexity of the estate. After receiving the grant, collecting assets, paying debts, and final distribution takes several more months. Complex estates involving businesses, overseas assets, or disputes take longer.

Contact us for our current LPA fees. We offer a reduced rate when you make both types of LPA together. The Office of the Public Guardian charges a registration fee per LPA for registration, though reductions apply for those on lower incomes.

Contact us for a full breakdown of costs including legal fees, registration fees, and VAT. This is significantly less than the cost of a Court of Protection deputyship application if you were to lose capacity without LPAs in place.

You’re not legally required to use a solicitor, and executors can apply for probate themselves. However, probate involves complex legal and tax issues. Mistakes can result in personal liability for executors, overpaid or underpaid tax, or disputes with beneficiaries. Solicitors ensure correct procedures are followed, Inheritance Tax is calculated accurately, all assets are identified, and distribution complies with the Will or intestacy rules. This protects executors from personal liability.

If someone dies without a valid Will, they die intestate and their estate is distributed according to intestacy rules. Close relatives must apply for letters of administration rather than a grant of probate. Intestacy rules give fixed shares to spouses and blood relatives in a specific order. Unmarried partners receive nothing regardless of the length of the relationship. If no relatives can be found, the estate passes to the Crown. The administration process is similar to probate but based on statutory rules.

Wills can be challenged on grounds including lack of mental capacity, undue influence, or fraud. Dependants who have not been adequately provided for may also have a claim under the Inheritance Act. These matters are handled by our specialist Litigation & Dispute Resolution team. See our Challenging a Will, Contentious Trusts and Probate, and Inheritance Act Claims pages for further information. Time limits apply to some claims, so early advice is important.