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Probate & Estate Administration

Probate Solicitors — Expert Estate Administration for Executors

Administering a deceased person's estate is a legal responsibility that personal representatives take on personally. An executor who mismanages the estate, pays the wrong debts, makes incorrect IHT calculations, or distributes before paying creditors can be personally liable to beneficiaries and creditors. A probate solicitor handles the entire administration — from applying for the Grant to distributing the estate — protecting the executor from personal liability and ensuring the estate is administered correctly.

Grant of Probate / Letters of Administration IHT400 & IHT205 6-month IHT deadline Estate accounts & distribution
⚠️ Inheritance Tax must be paid within 6 months of death. If IHT is not paid within 6 months of the end of the month in which death occurred, interest accrues at HMRC's current rate. Where HMRC is owed IHT on a deceased's estate, the Grant of Probate will not be issued until at least the "first instalment" or full IHT is paid. Instruct a solicitor promptly.

Grant of Probate vs Letters of Administration

The Grant is the legal document that authorises the personal representative to deal with the estate:

📜
Grant of Probate — issued where the deceased left a valid will appointing an executor. The executor named in the will applies to the Probate Registry for the Grant, which confirms their authority to administer the estate. Most financial institutions and HM Land Registry require the Grant before they will release or transfer assets.
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Letters of Administration — issued where there is no will (intestacy), where the will does not appoint an executor, or where the named executor cannot or will not act. An administrator (usually the spouse, civil partner, or children in priority order under the Non-Contentious Probate Rules 1987) applies for Letters of Administration.
✅
Excepted estates — small or simple estates that meet specific criteria (estate value under £325,000 and no IHT payable, or estate passing entirely to a surviving spouse) may not require the full IHT400 form — a simpler IHT205 declaration can be used. Your solicitor advises on whether the estate is excepted.

Estate Administration: Step by Step

  1. 1
    Asset and liability schedule — writing to all banks, building societies, pension providers, insurers, and other asset holders to obtain date-of-death values. Obtaining mortgage redemption statements and other liability figures. A solicitor prepares the schedule of assets and liabilities for the IHT form.
  2. 2
    IHT return and payment — completing the IHT400 (or IHT205 for excepted estates), calculating the IHT due, and paying the IHT to HMRC within 6 months of death. IHT on property can be paid in instalments over 10 years (but interest applies from month 7). A solicitor ensures the return is accurate and submitted on time.
  3. 3
    Grant application — applying to the Probate Registry for the Grant of Probate or Letters of Administration, with a copy of the will (if applicable), the HMRC receipt/confirmation, and the oath (or statement of truth). Processing time is currently 8–16 weeks from submission.
  4. 4
    Collecting and realising assets — once the Grant is issued, using certified copies to collect in cash assets, sell shares or investments, and (where property is being sold rather than transferred) instructing estate agents and a separate conveyancing solicitor for the sale.
  5. 5
    Paying debts, tax, and distribution — paying funeral costs, outstanding debts, income tax and CGT to the date of death, any income tax arising during administration, and distributing the net estate to beneficiaries in accordance with the will or intestacy rules. A solicitor prepares final estate accounts for the beneficiaries.

Frequently Asked Questions

Do I need a Grant of Probate for every estate?

Not always. Small estates with low-value assets held only in sole names (below the financial institution's threshold — often £5,000–£50,000 depending on the bank) can sometimes be dealt with without a Grant using an indemnity letter. Assets held in joint names pass automatically to the surviving co-owner by survivorship and do not require a Grant. However, most estates involving property, shares, or assets above the bank's threshold will require the Grant. A solicitor advises on whether a Grant is needed in your specific situation.

How long does probate take?

From death to distribution, a straightforward estate with no property typically takes 6–12 months. An estate involving a property for sale adds 3–6 months depending on the property market. Disputed estates, complex IHT issues, or a challenge to the will can add years. The Probate Registry currently takes 8–16 weeks to issue the Grant from the date of application — your solicitor submits the application as quickly as possible to minimise delay.

Can I administer the estate myself?

Yes — as an executor, you have the right to administer the estate yourself without a solicitor. However, executors are personally liable for any errors: incorrect IHT calculations, distributing too early (leaving debts unpaid), or missing beneficiaries all expose the executor to claims. A solicitor indemnifies the estate against errors, prepares the IHT return, and manages the entire process. Many executors use a solicitor for peace of mind and protection from personal liability.

What are the executor's duties?

Executors must: collect all assets and protect them from loss; pay all valid debts (including tax); advertise for creditors in the London Gazette and a local paper (to gain protection from unknown creditors); prepare estate accounts; distribute in accordance with the will or intestacy. Executors who distribute without paying all debts can be sued personally by unpaid creditors. A solicitor advises on the advertisement process and ensures all debts are identified before distribution.

Is there a time limit on administering an estate?

Beneficiaries are entitled to receive their inheritance within a "Executor's Year" — one year from the date of death. After one year, a beneficiary who has not received their share is entitled to interest on the unpaid legacy. There is no hard legal deadline for completing administration, but unreasonable delay exposes the executor to complaints and to an order from the court to pass their accounts. A solicitor keeps the administration moving efficiently.

How It Works

One clear request. A probate solicitor contacts you.

Estate administration carries real personal liability for executors. A specialist probate solicitor handles every step — from the IHT return to the final distribution — protecting you and the estate.

Submit Your Request
1

Tell us the estate

Describe the estate's value, assets, liabilities, and whether there is a will.

2

Matched to a specialist

We connect you with a specialist wills and probate solicitor.

3

Estate administered

Your solicitor handles IHT, the Grant application, asset collection, and distribution to beneficiaries.

Administer with Confidence

Administering an estate? A probate solicitor protects you from personal liability.

Executors are personally liable for errors in estate administration. A specialist probate solicitor handles IHT, the Grant, and distribution — correctly and on time — so you can fulfil your duties with confidence.

Submit Your Request

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