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Instructing Estate Administration Solicitors

Instructing a solicitor to administer an estate can save time and ensure a smooth process.

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Administering an estate can be very difficult to do in a time of grief and it can be a lengthy process. Instructing a solicitor to administer an estate can save time and ensure a smooth process.

What are the benefits of instructing solicitors to administer an estate?

  • Legal expertise: Estate administration involves complex legal processes and obligations. A solicitor specialising in probate and estate matters has the necessary knowledge and expertise to navigate the legal requirements, ensuring compliance with applicable laws and regulations.
  • Efficiency and time saving: Estate administration can be time consuming and demanding, requiring numerous tasks and paperwork. By engaging a solicitor, you can delegate these responsibilities to a professional, allowing you to focus on other important matters while the solicitor handles the legal complexities and administrative tasks.
  • Mitigating risks and disputes: A solicitor can help minimise the risk of errors or omissions during the estate administration process. They have the experience to identify potential issues and take necessary precautions to prevent disputes among beneficiaries, creditors or other interested parties.
  • Estate valuation and tax expertise: Valuing the assets of an estate and calculating any applicable inheritance tax can be challenging. A solicitor can help determine the accurate value of assets and advise on tax obligations, ensuring compliance with tax laws and potentially saving the estate from unnecessary tax burdens.
  • Managing complex estates: If the estate is complex with multiple assets, beneficiaries, debts or legal considerations, a solicitor’s expertise becomes even more valuable. They can handle intricate estate structures such as trusts, businesses or international assets and guide you through the specific legal requirements associated with such complexities.
  • Expert guidance: A solicitor can provide professional guidance and advice tailored to your specific situation. They can address your concerns, answer your questions and provide personalised recommendations throughout the estate administration process, giving you peace of mind and confidence in the decisions made.
  • Legal protection: Engaging a solicitor provides an additional layer of legal protection. They have professional indemnity insurance, which can offer financial coverage in case of errors or negligence in their handling of the estate administration.

While it is possible to administer an estate without a solicitor, seeking professional assistance can help ensure a smoother, more efficient process and reduce the potential for expensive mistakes or disputes.

Why choose Price Slater Gawne? 

Each estate is unique, so it’s advisable to assess your specific circumstances and consult with a solicitor to determine the best course of action.

Our specialist team is experienced in many different aspects of estate administration. If you would like to speak to a member of our team, please contact 03333 058375 or email WealthProtection@psg-law.co.uk. 

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Probate FAQs

Probate is a legal process that takes place after someone has died. It involves getting permission from the court to administer the deceased person’s estate, which includes their money, property, and possessions. The purpose of probate is to make sure that the estate is distributed correctly and that any debts and taxes are paid.

When someone dies, their assets are frozen until their will is validated or the court determines how to distribute the assets according to the law. Probate is the process of applying for the legal authority to deal with the estate of the deceased person. This can involve:

  • Finding and valuing all the assets of the estate
  • Paying any outstanding debts and taxes
  • Distributing the remaining assets to the beneficiaries named in the will or, if there is no will, according to the law

Probate is required when a person dies and their estate includes property, savings, shares or other investments and is worth more than £10,000. 

The process of probate can be lengthy and complex, depending on the size and complexity of the estate, and there may be various legal and financial issues to address. The exact length of time will depend on the size and complexity of the estate, but it will generally take about a year.

Whether or not you need to apply for probate depends on the circumstances of the deceased person’s estate. Generally, you will need to apply for probate if the estate includes property, shares or other investments, or savings and is worth more than £10,000. However, there are some exceptions, such as if the assets are jointly owned or held in trust. If the deceased person left a will, the executor in the will is responsible for applying for probate. If there is no will, the next of kin or another family member may need to apply for probate.

If the deceased person left a will, the executor named in the will is responsible for applying for probate. The executor is the person appointed to carry out the wishes of the deceased person as outlined in their will.

It is possible to obtain probate without a will in the UK, although the process may be more complex and time consuming than if there was a valid will. If there is no will, the next of kin or another family member can apply for ‘letters of administration’ instead of probate, which involves a similar process.

If a deceased person has left a Will, Personal Representatives (PRs) will be the Executors appointed by the Will: they will then distribute the estate in accordance with the terms of the Will. The document issued by the court which establishes their right to deal with the estate (the grant of representation) is a Grant of Probate. If there is no Will, the PRs are Administrators and the Court will issue a Grant of Letters of Administration. The distribution of the estate will depend on the statutory intestacy rules.

Throughout the administration, it is the PRs who are responsible to third parties, including creditors, HM Revenue and Customs and the beneficiaries for the proper administration of the estate. The beneficiaries’ entitlement is a right to have the estate properly administered: they do not become entitled to the Deceased’s assets until ownership is handed over to them by the PRs.

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