When the Grant of Probate has been obtained, you, as the Executor, can then administer the estate of your loved one.  This process generally has three stages:

1. Assessing the value of the estate by obtaining all documents in relation to your loved one’s property, finances, possessions etc;
2. Paying any outstanding bills and settling all debts with the money in the estate;
3. Distributing the balance of the estate i.e. what is left after the debts have been paid, in accordance with the terms of your loved one’s Will.

If your loved one had specific requests in their Will, for example, that a specific item is to be given to a certain person, it is your responsibility as the Executor to ensure that person receives that item.

As the Executor, you will also need to prepare Estate Accounts to confirm how the estate has been administered.  Therefore, you will need to document everything you do, obtain confirmation of payment of bills and debts and obtain receipts for any payments.

The administration of the estate can involve legal, financial and tax issues and can become a complex, lengthy and time-consuming matter.  All estates will be different, but administering them will generally include some or all of the following aspects:

• Identify if there is a valid Will or if there is no Will, identifying who can administer the estate. This can be straightforward, but it might involve making searches and enquiries, tracing missing relatives, making a family tree etc
• Identify your loved one’s assets i.e. money, property, possessions etc and their debts and liabilities i.e. loans, bills etc. This is to calculate the value of the estate.  It will involve identifying and contacting all banks, building societies and companies to confirm the assets held by them.  If the estate includes property, this will involve obtaining professional valuations of the property and/or personal possessions
• Apply to the Probate Registry for a Grant of Probate or, if there is no Will, for a Grant of Letters of Administration. This application will also require submitting an inheritance tax return even if there is no tax due to be paid.  If inheritance tax is due to be paid, then this must be paid from your loved one’s estate.
• When the Probate Registry has issued the Grant of Probate or Letters of Administration, the assets of the estate must be liquidated. This could include selling or transferring any property, closing bank accounts, collecting in the proceeds of investments and life insurance policies etc.  The debts and liabilities of the estate must then be paid as well as any administrative expenses and further tax.
• When the above steps have been completed, the balance of the estate must be distributed in accordance with the terms of the Will (or, if there is no Will, the Intestacy Rules) to the Beneficiaries.
• The Executor(s) must then prepare Estate Accounts to confirm all payments have been made and received by the estate.

If your loved one died without a Will, the law will determine who will receive the estate according to the law of Intestacy. The law will also determine which of your loved one’s relatives is entitled to administer the estate. These will be called the Administrator rather than the Executor. In the situation where there is no Will, a Grant of Letters of Administration has to be obtained from the Probate Registry. The person named in the Grant of Letters of Administration i.e. the Administrator, will then be able to deal with the estate.

A Grant of Probate is generally needed to administer an estate, but not always. Some banks and building societies will allow you to deal with the money and accounts of your loved one without a Grant of Probate, but this is generally only if the amounts in the accounts are less than £15,000.00. If the amounts in the accounts are more than £15,000.00 or if the estate contains property, then it is likely the Executor will be required to apply for a Grant of Probate.

If you are unsure as to whether a Grant of Probate will be required to administer the estate, call the bank or building-society that holds the account to check their policy in this situation or call one of our friendly team to discuss the matter on 0161 749 9000 or click here to request a callback.

The legal fees for obtaining the Grant of Probate and administering the estate are paid for from the estate and not by you as the Executor.

If you are concerned about the cost to deal with the Grant of Probate and the administration of the estate, please see our costs section or call us on 0161 749 9000 or click here to request a call back.

No, you can instruct the Solicitor of your choice and you do not have to use the Solicitor who has drafted the Will. Your Solicitor will notify the Solicitor who is holding the Will that they have been instructed to obtain the Grant of Probate and administer the estate and request they provide a copy of the Will.

It can sometimes happen that when a loved one’s estate is being administered, there are disagreements between Executors or family members or beneficiaries to the Will about how this should happen.  The most common disagreements are:

• The Executor is not dealing with the estate correctly or in accordance with the terms of the Will
• People who expected to be included in the Will have been left out of it or promises that were made to them by your loved one have not been included in the Will
• It is believed by certain people that your loved one who has died did not have the mental capacity to make the Will or was put under undue pressure to make the Will
• It is believed by certain people the Will is not valid
• People have stated they intend to contest the Will and make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to change its’ terms

In these situations, it is our strong advice that you seek legal advice immediately.  At Leech & Co, we can assist you every step of the way to resolve any dispute and ensure your loved one’s interests are protected and their wishes are carried out.