Probate in England and Wales: What Executors Need to Know

Who should read this

• Executors named in a will.
• Relatives of someone who died without a will.
• Anyone expecting to inherit and wanting to understand the process.

What the law says

• If there is a will, the executors named in it apply for a grant of probate. If there is no will, a close relative applies for letters of administration instead.
• A grant is not always needed. Banks and other organisations set their own limits, and jointly owned assets usually pass to the surviving owner automatically.
• If there is no will, the intestacy rules decide who inherits. Unmarried partners do not inherit automatically under those rules.
• The estate’s value must be reported for inheritance tax, and any tax due is normally paid before the grant is issued.
• Certain family members and dependants can ask the court for provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975, generally within six months of the grant.

Steps

1. Register the death and find the will — Register the death, get several copies of the death certificate and locate the original will.
2. Value the estate — List assets and debts at the date of death: property, accounts, investments, pensions, loans.
3. Deal with inheritance tax — Report the estate’s value to HMRC and pay any inheritance tax due. Check the current thresholds and reliefs on GOV.UK.
4. Apply for the grant — Apply online on GOV.UK or by post, sending the original will and death certificate.
5. Collect the assets and pay the debts — Use the grant to close accounts, sell or transfer property and pay what the deceased owed.
6. Distribute the estate — Pay beneficiaries according to the will or the intestacy rules, and keep estate accounts.

Documents you'll need

• The original will and any codicils.
• The death certificate.
• Details and valuations of assets and debts.
• Identification for the executors or administrators.

Fees

• There is a probate application fee for estates above a set value. Check the current fee on GOV.UK.
• Inheritance tax may be due depending on the size of the estate.
• Solicitors charge a fixed fee, an hourly rate or a percentage of the estate — ask for an estimate in writing.

Timeline

A simple estate may be dealt with in a few months. Where there is property to sell, inheritance tax to settle or a dispute, it often takes a year or more.

Common mistakes

• Distributing the estate before debts and tax are paid — executors can be personally liable.
• Paying beneficiaries very quickly when a claim against the estate is possible.
• Not keeping records of what was collected and paid.

Questions

Do I always need probate?

No. It depends on what the person owned and each organisation’s rules. Small sums and jointly owned assets can often be released without a grant.

What if there is no will?

The estate is shared under the intestacy rules, which set a fixed order of relatives. The person who deals with it is called an administrator rather than an executor.

Can I do probate myself?

Yes, many people do for straightforward estates. Consider a solicitor where the estate is large, includes a business or foreign assets, or where a dispute is likely.

When to consult a lawyer

• The estate is likely to be liable for inheritance tax or includes a business, a trust or assets abroad.
• The will is unclear, or someone may challenge it.
• The estate may not have enough to pay its debts.

Related

• Making a valid will →
• Find a solicitor or barrister →