Wills & Estates
Probate and estate administration
Support in identifying the right specialist help after a death.
Administering an estate can involve valuing assets, settling liabilities, completing tax reporting and distributing to beneficiaries. Executors carry personal responsibility for getting it right.
We can help a family understand what is likely to be involved and connect them with an appropriate specialist, without adding pressure at a difficult time.
Things worth considering
- Executors are personally responsible for the estate's administration
- Deadlines apply to some Inheritance Tax reporting and payment
- Costs and service terms are set by the specialist appointed
In plain English
Probate: what an executor or administrator actually has to do
After a death, someone has to deal with the estate. If there is a will, the executors named in it apply for a grant of probate. If there is no will, the person entitled under the intestacy rules applies for letters of administration. Both are types of grant of representation, and both give legal authority to collect in and distribute the estate.
A grant is not always needed. Small estates, and assets held jointly that pass automatically to a survivor, can sometimes be dealt with without one. Banks set their own thresholds, so the practical answer depends on who is holding the money.
Executors and administrators are personally responsible for administering the estate correctly, including reporting and paying any Inheritance Tax due. That responsibility is the reason many people take professional help even where they could technically do it themselves.
This describes the law of England and Wales. Scotland and Northern Ireland have different rules.
Step by step
What the process involves
- Step 1
Register the death and get the documents
The death must be registered with a register office, usually within five days in England and Wales. Order several certified copies of the death certificate — institutions will each want to see one.
- Step 2
Find the will and identify who is entitled to apply
Check for the original will and any codicil. Without one, the intestacy rules decide both who inherits and who may apply.
- Step 3
Value the estate
Property, accounts, investments, pensions, personal possessions, debts and any gifts made in the seven years before death. Values are as at the date of death.
- Step 4
Deal with Inheritance Tax reporting
Report the estate's value to HMRC where required. Any Inheritance Tax due is normally payable by the end of the sixth month after the death, and in many cases tax has to be paid before the grant is issued.
- Step 5
Apply for the grant
The application goes to HM Courts and Tribunals Service, online or by post, with the original will where there is one and the appropriate fee.
- Step 6
Collect in, settle and distribute
Close accounts, sell or transfer property, pay debts and expenses, then distribute to the beneficiaries and produce estate accounts. Some executors place statutory notices for unknown creditors before distributing.
Being straight with you
What this cannot do
- Timescales depend on HMRC, HM Courts and Tribunals Service, banks, buyers and the complexity of the estate. No one can promise how long it will take.
- A grant does not resolve a dispute about the will or a claim against the estate.
- Distributing too early can leave an executor personally exposed to a later creditor or claim.
- Cromwell Associates does not administer estates or apply for grants. We help you work out what is involved and introduce you to an appropriate specialist.
Before you speak to anyone
Useful things to have ready
Gather or think about
- The death certificate and the original will, if there is one
- Your role: named executor, or the person entitled under the intestacy rules
- A list of the assets and debts you know about, and who holds them
- Whether a property is involved, and how it was owned
- Whether anything has already been done, such as notifying banks
- What you actually want help with — the whole administration, the grant only, or an initial explanation
Questions worth asking the specialist
- Are you quoting for the grant only, or for the full administration?
- Is this a fixed fee or a percentage of the estate, and what is excluded?
- Are court fees, Inheritance Tax, valuations and statutory notices included in that figure?
- Who is my day-to-day contact and how often will I hear from you?
- What do you need from me, and what will you handle without me?
- How are complaints handled, and who regulates you?
Ask us to explain any charges that would apply, and any remuneration we may receive for making an introduction, before you decide whether to proceed.
Sources
Official guidance referenced on this page
Enquire about probate and estate administration
Tell us what you would like to protect or resolve. One named contact will read your enquiry personally and come back to you.
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- No call centres
- Introductions handled discreetly
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Cromwell Associates coordinates enquiries and introduces clients to appropriately qualified specialists. We do not provide regulated financial, legal or tax advice, and submitting this form places you under no obligation.
Your enquiry is reviewed personally before any introduction is made.