Probate is the legal process during which executors manage the deceased’s estate. Executors will identify and settle all liabilities, including paying any inheritance tax that’s due within the required six months of death. Executors then distribute the deceased’s assets in accordance with the terms of the Will. The ‘Grant of Probate’ is the legal document issued by the Probate Registry (part of the High Court) that proves the Will is valid. It confirms that the executors named in the Will are legally entitled to deal with estate assets. In practical terms this means the executors are able to sell the deceased’s property and deal with other assets like funds in bank accounts and investments.

If there is no Will those closest to the deceased can apply for Letters of Administration to deal with assets and administer the estate.

Obtaining a Grant of Probate (or Letters of Administration if there’s no will) can be a time-consuming process. Inheritance tax must be paid within six months of death. However there is no set time limit during which an estate must be settled – although it’s natural that families and loved ones will want finality and closure of the estate as soon as possible. It can take anything from between three and 16 weeks to obtain the Grant from the Probate Registry in the first place (longer if there are errors in the paperwork and your application has to be resubmitted).

After that, realising the deceased’s assets is dependent on how efficient banks and other institutions are in responding to requests for payment. At DMH Stallard, our probate solicitors work hard to finalise estates efficiently, using technology and well-established internal processes to streamline and speed up the process. This ensures families and loved ones benefit from any inheritance without undue delay and are able to move on with their lives, secure in the knowledge that all debts and tax have been paid.

Executors are responsible for handling the deceased’s estate. Unlike ‘administrators’ who are appointed by the Probate Registry when there’s no will, executors get their authority to deal with the estate from the will itself. Functions of executors and administrators include:

Applying for Grant of Probate or Letters of Administration

Valuing the estate for inheritance tax purposes

Paying inheritance tax within six months of death

Paying all debts on the estate

Selling any assets that need to be sold

Preparing detailed accounts for the estate to verify expenditure incurred in administering the estate

Distribution assets in line with the deceased’s wishes as expressed in the will or in accordance with the intestacy rules

Acting as executor (or administrator) is an onerous task. You have duties to the estate and to beneficiaries and are legally responsible for estate assets and debts from the date of death until the estate is finally wound up. In estates of any substantial size it’s common for solicitors and other professional advisors to either act as executors or provide executors or administrators with ongoing advice during the estate administration.

Read more about the role of an executor.

Legally, you do not need a solicitor to help you with probate. You can apply for the process on your own. However, estates can be complicated, family dynamics could be challenging, and Inheritance Tax may be hard to calculate. An expert probate solicitor can help to ensure the process runs smoothly and reduce stress at a difficult time. If an estate is of particularly high value, includes overseas assets, business interests, or trusts, it is particularly advisable to seek the help of a solicitor to ensure everything is handled correctly.

Disputes can occur if beneficiaries decide to challenge the Will, are disagreeing with the way the estate is being distributed, or someone who expects to inherit has been left out of the Will. Using a solicitor to handle this process can help to reduce tension and maintain family relationships as they have no personal interest in the estate.

If a mistake is made when distributing assets or dealing with an estate, executors remain personally liable. Similarly, if an executor fails to act, they may also be personally liable to the beneficiaries in relation to the payment of any losses as a result of those failures. Using a solicitor for probate greatly reduces this risk.

Upon reviewing the estate, it may become clear that some elements can be handled by the beneficiaries themselves, and others may need the guidance of a probate solicitor. It is not necessary for a probate solicitor to handle the entire process and costs could be minimised by dividing the responsibilities between a solicitor and the beneficiaries.

Find out more.