Probate & Estate Administration
The Role of an Executor
An Executor is responsible for gathering the assets of the deceased and ensuring they are distributed according to the terms of the Will. In many cases, the Executor will need to apply for a Grant of Probate to carry out these duties.
What is Probate?
Probate is the legal process of administering an estate after someone has passed away. This includes:
- Collecting and valuing assets
- Applying for a Grant of Probate, where necessary
- Paying debts, taxes, and testamentary expenses
- Distributing the estate to beneficiaries according to the Will
Probate ensures the estate is managed properly and that the deceased’s wishes are carried out.
What is a Grant of Probate?
The Grant of Probate is the official legal document that gives an Executor the authority to act on behalf of the estate. It confirms the validity of the Will and is generally required before completing most estate administration tasks, such as:
- Selling or transferring property
- Closing bank accounts
- Transferring investments
When is a Grant of Probate needed?
Some institutions may release funds without a Grant, so it is not always required, but is typically needed when:
- Property is held in the deceased’s sole name
- Property is held as tenants-in-common where both owners have passed
- Bank accounts exceed certain thresholds (£30,000–£50,000, depending on the bank)
- Bonds, NS&I investments, or stocks and shares over the value set by each institution
- Certain life insurance policies that are payable through the estate
Additional Considerations Beyond the Will
When administering an estate, Executors often need to consider assets not explicitly distributed by the Will.
Many Wills include trusts to provide extra protection for beneficiaries and help manage the estate effectively. Trustees (often the Executors) have specific duties, including:
- Registering the trust with HMRC within 90 days of the death to comply with tax requirements
- Updating the Land Registry if the trust includes property, so ownership details are correct
- Safeguarding and managing trust assets responsibly to benefit the intended beneficiaries
Proper management of Will trusts is crucial to ensure compliance, protect beneficiaries, and prevent disputes.
Other considerations include:
- Jointly held assets – Property or accounts held as joint tenants may pass automatically to the surviving owner, outside of probate.
- Life insurance policies and pensions – Some proceeds pass directly to named beneficiaries rather than through the estate.
- Gifts made before death – Large gifts given within seven years of death may affect Inheritance Tax.
- Digital assets and online accounts – Some platforms may require proof of death or Grant of Probate to release access.
Step-by-Step Probate Process
1. Valuation of the Estate
Identify and value all assets and liabilities.
2. Apply for Grant of Probate & Pay Inheritance Tax (IHT)
Submit the application to the Probate Registry and HMRC, paying any IHT due.
3. Collect Estate Assets
Convert assets to cash as needed, e.g., selling property or investments.
4. Conveyancing & Land Registry Work
Update land registry titles and record trusts on property where required. Consider deeds of variation if needed.
5. Payment of Debts & Testamentary Expenses
Settle outstanding debts, funeral costs, and administration expenses.
6. Estate Accounts
Draft accounts showing all income and expenditure for executors and beneficiaries.
7. Distribution to Beneficiaries
Distribute the estate according to the Will once all obligations are met.
We Are Here to Help
We understand this is a difficult time, don’t go through it alone. We’re a family-run business, and we know how important it is to be treated with care and understanding — especially at a time like this.
Get in touch today and let us support you through the process.
Pricing
Grant-only
From £750 + VAT + disbursements
Full administration
We charge a percentage-based fee, agreed individually for each estate, plus VAT and disbursements. This is based on the size and complexity of the estate
Notify Us of a Loved One’s Passing
If you need to inform us of a death, please provide the following documents by email:
- The death certificate of the deceased
- Proof of ID and address of the Executor making the request (e.g., passport, driving licence, or a utility bill dated within the last 3 months)
- A signed cover letter from the Executor, including updated contact details and confirmation of the address to which the Will should be sent
If you are contacting us on behalf of the Executor, please include a signed letter of authority from the Executor with your correspondence.
Email: admin@purelegacy.co.uk