Probate and Estate Administration Knowledge & Resources

An executor is the person you name in your Will who is responsible for administering your estate after you die. Typical executor duties include collecting up all assets (property, possessions, cash and savings for example) and distributing it out to the beneficiaries as detailed in the Will, after any debts have been paid off.

Probate is the process of administering someone’s estate (including money, property and belongings) after they die. If the estate has significant assets, a formal grant of probate must be obtained form the court so the estate can be collected and divided between the beneficiaries identified in the Will.

The grant of probate is the document issued by the court, where there is a Will, giving the executors authority to deal with the deceased’s estate.

This is the document issued by the court where there is no Will, giving the administrators the authority to deal with the deceased’s estate.

If there is no Will, the deceased’s estate will be governed by the laws of intestacy. These are laws which lay out who the beneficiaries of a person are and in what order.

The administrator(s) is/are the person(s) who is/are entitled to benefit from the deceased’s estate in accordance with the intestacy rules. It is possible to appoint the role to a professional if the beneficiary is unable or unwilling to take up the role.

A Will may be amongst the deceased’s papers in their home, at their bank or held by lawyers who drafted the Will. There is also a national register which, if the testator (person who made the Will) registered their Will, will contain the details of where it is kept.

It is difficult to be absolutely sure that a Will is valid. If the Will is dated, signed by the person making the Will with two witness signatures, it is likely to be valid. Complications happened if a Will is signed incorrectly, there is more than one Will, or the Will has been damaged or subsequently written on.

If there are no executors, an administrator or personal representative is appointed by the court. This can be a family member or beneficiary(ies) of the estate.

The role of executor is not obligatory. If several executors are appointed or replacements named in a Will, they can take up the role alone or instead. Lawyers can also help or deal entirely with the administration of an estate.

If an estate if subject to inheritance tax, the tax has to be paid within six months of the date of death.

Debts owed by the deceased will be paid from their estate before any distribution is made to the beneficiaries.

This very much depends upon the complexity of an estate. It can often be anything between three months to over a year.

An executor can be personally liable for any mistakes made during the administration of an estate. Probate can be a complicated and drawn out process so it is important to seek legal advice to avoid the common pitfalls.

If a Will is disputed you should always seek legal advice.

Executors and trustees are often the same people. When dealing with the administration of the estate they are acting as executors. When dealing with any trusts that may be set up within the Will, those people are the trustees. This role can continue even after the estate has been completed.

Once located, ensure that the Will is kept in a safe place as it may need to be sent to court to obtain the Grant. If there is no Will, then the law decides who can be a personal representative and you should seek advice on your eligibility before taking any significant steps.

The death will need to be registered with a Registrar within five days. You will need to take the doctor’s certificate with you showing the cause of death. You may need to make an appointment to see the Registrar. Once the death certificate has been obtained the funeral can be arranged. Check the Will and letter of wishes for any funeral requests left by the deceased and ask close family members.

Estates vary as to their complexity and acting as a personal representative is time consuming at a difficult time. A lawyer can advise on all aspects of estate administration and be involved in everything or just to deal with certain tasks. One of the specialists can guide you through the process to give you the reassurance that you need.

You will need to do a thorough search to find important documents. They are likely to be located at the deceased’s house, their bank or with their solicitor. You will need to know details of all assets and liabilities, which include bank accounts, investments, liabilities and properties. It is also important to consider any online accounts that they may have which may include online banking and social media sites.

You are entitled to be reimbursed from the estate for any out of pocket expenses that you incur during the estate administration, so keep receipts.

If any inheritance tax is payable, all or some of it must be paid within six months from the month of death, otherwise interest and penalties can apply. Even if no inheritance tax is payable, a short return will still need to be completed if a Grant of Probate is required.