Probate and Estate Management

Book a Discovery Call

Dealing with the estate of someone you love, while you are still grieving, is one of the most challenging things a person can be asked to do. As an executor or administrator, you carry a significant legal responsibility often with little preparation and no professional guidance. I provide clear, expert, step-by-step guidance through the entire probate process – helping executors, administrators, and families fulfil their duties correctly, avoid costly mistakes, and bring a loved one’s estate to a successful and lawful conclusion.

 

What is Probate and When is it Required?

Probate is the legal process of proving the validity of a deceased person’s will – or establishing who inherits where there is no will – and obtaining the legal authority to deal with their estate. This authority is called a Grant of Probate (where there is a will) or Letters of Administration (where there is no will).

Probate is typically required when the deceased held property or land in their sole name, bank or investment accounts above the bank’s threshold, shares or ISAs held solely in their name, or any assets that the holding institution requires a Grant to release. Joint assets, assets held in trust, and life insurance policies written in trust may pass outside the estate and not require probate.

Locate the Will and Confirm Executors

The starting point is locating the original will and confirming who the appointed executors are. If there is no will, the estate is handled under the rules of intestacy and an administrator must apply for Letters of Administration.

Register the Death and Notify Institutions

Deaths must be registered within five days in England and Wales. Banks, HMRC, pension providers, and government departments must all be notified promptly. I provide executors with a complete notification checklist.

Value the Estate

A full valuation of all assets and liabilities is required – including property at open market value, bank accounts, investments, personal possessions, business interests, and any debts. Accurate valuation is critical for both the probate application and inheritance tax calculations.

Calculate and Pay Inheritance Tax

If inheritance tax is due, it must be paid at least in part before a Grant of Probate is issued. I advise executors on calculating the liability accurately, identifying all available reliefs, and managing the payment process – including instalment options where available for property.

Apply for the Grant of Probate

The application is made to the Probate Registry, requiring the original will, death certificate, inheritance tax form, and probate application form. The Grant typically takes 8–16 weeks from submission.

Collect Assets and Pay Debts

Once the Grant is issued, executors can collect the assets of the estate – closing accounts, transferring or selling property, and encashing investments. All valid debts, funeral costs, and remaining inheritance tax must be paid before distributions are made.

Distribute the Estate

Once all assets are collected and debts settled, the estate is distributed to beneficiaries as directed by the will or the intestacy rules. Executors must keep full accounts and obtain receipts. A residuary account showing all income and expenditure should be prepared.

Complete the Administration

The final step involves completing outstanding tax returns, notifying HMRC of income earned during administration, and formally closing the estate. Executors remain personally liable until all obligations are fully discharged.

Guidance for Executors – Your Legal Duties

Being named as an executor is an honour but also a significant legal responsibility. Executors can be held personally liable for errors, delays, or omissions. Common mistakes include failing to identify all beneficiaries, under-valuing estate assets, missing inheritance tax deadlines (interest accrues from six months after death), distributing the estate before all debts are settled, and failing to obtain a bankruptcy search before distribution. I advise executors on each of these risks.

Probate Support Services

Service

Price

What’s Included

Probate Explained – 60-Minute Call

£95

Full walkthrough of the probate process, your duties as executor, and your specific next steps

One-to-One Executor Guidance

POA

Ongoing personalised sessions throughout the administration of a complex estate

Executor’s Workbook

POA

Step-by-step written guide with checklists, notification tracker, and valuation guidance

Contact:

Tel & WhatsApp:  +44 (0)7831 379562

Email:  help@theinheritanceguru.com

Socials: @theinheritanceguru