Estate Administration

What happens to an estate when there is a Will?

Making a Will is very important. It means an estate is distributed according to a person’s wishes. In addition, the Inheritance Tax bill is likely to be lower and estate administration quicker and more straightforward.

When someone makes a Will, they choose one or more executors themselves. It is the executor’s responsibility to administer their estate in accordance with law and the terms of their Will. An executor can be a close relative, somebody the person has known and trusted for a long time, or a professional such as a solicitor.

What is the difference between grant of probate and letters of administration?

A grant of probate confirms the authority of the executors named in the will to administer an estate. A grant of letters of administration confirms the authority of an administrator, where there is no will, in the same way.

When there is a Will, the named executor is issued a grant of probate by the court.

When there is not a Will, somebody – usually the next of kin – will need to apply to the court to be the estate administrator. Once they have permission to manage the estate, they will need to apply for letters of administration.

What are the duties of an executor and an administrator?

An executor and an administrator have many duties to carry out. They have a legal duty to act in the best interests of all the beneficiaries and to prevent losses to the estate.

Duties include:

• Applying for grant of probate or letters of administration
• Telling all relevant organisations that the person has died, including banks and utility companies, and closing the person’s accounts
• Paying for the funeral. These costs can be recovered from the person’s estate.
• Valuing the estate by identifying all the person’s outstanding debts and assets
• Finding missing assets
• Paying the person’s outstanding bills and debts
• Paying taxes, including Inheritance Tax, Capital Gains Tax and any outstanding Income Tax
• Finding the beneficiaries of the Will
• Distributing the estate to the beneficiaries correctly

If you are an executor or an administrator, our solicitors at Davisons can guide you through the entire process giving you peace of mind. You can claim legal fees back from the estate as part of the probate process.

Why choose Davison estate administration services?

Our probate solicitors have many years of experience helping with all aspects of probate and estate administration. We help executors and estate administrators to carry out their role and fulfil their legal duties at a very difficult time.

We provide support through every step of the process, including applying for probate or letters of administration, valuing an estate, paying taxes and debts, and ensuring beneficiaries receive their correct inheritance. If any disputes arise regarding the Will or the estate administration process, we address these. If you choose, we can also act as an estate administrator for you, completing the process from start to finish.