Facing the loss of a loved one is hard enough, without the added burden of dealing with the complexities of probate and estate administration. But there are certain steps that must be taken to finalise your loved one's affairs and distribute their assets in the right way.
Our probate solicitors and dedicated team can help lighten the load. We offer sensitive and practical advice on:
- All aspects of estate administration – including ad hoc advice to answer your questions through to the full administration of both simple and complex estates.
- Dealing with probate – when you need to apply for a Grant of Probate and how to get started.
- What happens if there is no Will – the steps you should take if your loved one dies intestate.
- Post-death tax planning – how you can reduce Inheritance Tax by changing how assets are distributed.
We explain everything clearly, with no legal jargon, so you can feel confident you know what needs to happen and when, no matter how complex your situation.
What is estate administration?
Estate administration involves settling all elements of a person's estate after they have passed away.
The tasks can vary, depending on the type and value of assets held by your loved one. As a general guide, these may include:
- Dealing with practicalities, such as registering the death and arranging the funeral
- Locating the Will and beginning the process of probate
- Identifying the assets and valuing the estate
- Managing financial matters, including collecting the assets and settling debts or expenses
- Handling tax matters, including confirming and paying the correct tax due
- Distributing the estate to the beneficiaries named in the Will
Of course, this is a summary of what can be a complicated process. In simple cases, it may only take a few steps to finalise everything. For more complex estates, this can take anywhere from 12 months to three years, or even longer in certain circumstances.
How can we help
Our probate and estate administration solicitors can relieve the pressure by taking the admin off your hands completely. Alternatively, we can advise on what you need to do to carry out your duties efficiently or provide help with specific issues.
We’ll discuss the likely timescales and provide information on our probate charges, so you have all the details at the outset.
What is probate and how to apply
Probate is an important part of estate administration. This gives you the legal right to deal with a person’s estate.
You need to apply for a Grant of Probate for estates with higher-value assets, property or investments held solely in the deceased's name. This involves the Probate court:
- Verifying the validity of the deceased's Will
- Appointing the named executor within the Will to handle the estate (or an administrator if there is no will)
Our experienced solicitors guide you through the application process, ensuring this is completed as efficiently as possible.
What happens if there is no Will?
If your loved one has passed away without leaving a valid Will, this is known as 'dying intestate'. The estate will need to be distributed according to intestacy rules. These set out a strict order detailing who will receive the property and possessions within the estate.
It can feel overwhelming to know what you need to do next in this situation. We’re here to help you:
- Establish that there is indeed no Will
This is an essential first step and requires a thorough investigation. A valid Will may include one held by a firm of solicitors or a homemade document that would count as a Will.
- Apply for a Grant of Letters of Administration
You are not legally allowed to take many steps in dealing with your relative's or friend's assets until you have been appointed to act by the Probate Court as the administrator of the estate.
- Deal with the estate administration process
We can take away some of the pressure by guiding you through the legal requirements, so that together we can deal with everything as smoothly as possible.
Post-death tax planning to reduce Inheritance Tax
You may be wondering if there’s anything you can do to reduce the Inheritance Tax on your loved one’s estate. For example, this may be the case if their Will pre-dates the introduction of one or more Inheritance Tax allowances.
We can advise on whether you have any scope to take advantage of favourable rules retrospectively with a ‘deed of variation’.
This must:
- Take place within two years of a person's death
- Be approved by all those varying their inheritances
- Be worded to include specific declarations
Our solicitors are experts in negotiating the technical detail of Inheritance Tax, helping you make tax-efficient adjustments as needed.
Expertise you can rely on
Our experienced probate solicitors advise on all aspects of estate administration for clients in Devon and the South West, including:
- Straightforward estates
- Business owners and farmers with more complex assets
- Cross-border matters involving assets abroad
As members of the Society of Trusts and Estates Practitioners (STEP), we're at the forefront of best practice. We’re also ranked in leading legal directory, The Legal 500, which notes we’re “well versed” in probate matters, assisting a “broad roster” of clients.
Most importantly to us, this expertise is reflected in the positive feedback we receive from our clients.
Find out more
Our experienced team is ready to guide you through the complexities of probate and estate administration. Get in touch today for a chat with one of our friendly solicitors or complete our online enquiry form.
Probate & Estate Administration FAQs
If you die without a Will, your assets are distributed under strict legal rules (intestacy), which may not reflect your wishes. Spouses and children may not receive everything according to you wishes, and unmarried partners, friends, or charities won't benefit unless you make a Will. A Will also lets you provide for children under 18 in a more flexible way.