I am appointed as an Executor. What do I need to do?

The work involved in administering an estate will depend on its value and the individual assets and liabilities involved. The immediate priorities are to register the death and make the funeral arrangements. The Executor(s) have a duty to ensure the estate is administered in accordance with the Will (or the rules of intestacy, as the case may be). This includes, but is not limited to, dealing with all assets and liabilities, paying any tax which is due and ensuring that the estate is paid to the correct beneficiaries. Acting as an Executor can be very time consuming. There are legal duties which must be fulfilled and timescales which must be met. Executors can often come under pressure from bereaved families but can also be held personally liable if creditors are missed or the estate is paid to incorrect beneficiaries, even if this is done inadvertently.

What is a Grant of Probate?

A Grant of Probate is a formal legal document which is issued by the Probate Registry and which authorises the Executors of a Will (or their attorneys) to carry out the administration of a deceased person’s estate by collecting in their assets, discharging all liabilities and carrying out the terms of the Will when distributing the net estate. An application for a Grant of Probate is the formal legal process through which executors apply to prove the last Will and Testament of the deceased. If there is no Will, or if the Executors appointed in a Will are unable or unwilling to act, an application is made to the Probate Registry for a Grant of Letters of Administration instead. Both the Grant of Probate and the Grant of Letters of Administration can be referred to as a Grant of Representation.

Is it always necessary to apply for a Grant of Representation?

No, it is not always necessary to apply for a Grant of Representation. Small estates with assets up to a value of £5,000 can usually be transferred without going through the probate process. Similarly, if the only assets in the deceased’s estate are jointly held property and cash, which are only to be transferred to a spouse or civil partner, probate will not usually be required.

How long does it take to obtain a Grant of Representation?

If a Will is uncontested, it takes on average six to nine months to complete the administration of an average sized estate. There are a number of factors which can substantially increase the length of time it takes to complete the administration of an estate, including; challenges to a Will, assets outside the UK, complex family circumstances, complex assets such as an interest in a trading business, if the estate is taxable.

Is a Grant of Representation required if I have a joint bank account?

If you share a joint bank account with someone who has died, you will not need a Grant of Representation to access the money in the account. However, your bank will need to see a death certificate before transferring the funds into your name.

What stages does the administration of an estate consist of?

The complexity of the process of administering a deceased person’s estate varies depending on the complexity of the deceased's assets. The process can, however, be broken down into five main phases. 1. Identify the value of the estate All the deceased’s assets, such as property, bank accounts, investments and possessions will need to be identified, along with their liabilities, such as debts, unpaid bills and outstanding taxes. Once this is complete, you will be able to determine the value of the estate. 2. Apply for a Grant of Representation In order to obtain the legal authority to administer an estate, you will need to apply to the Probate Registry for a Grant of Representation. At this stage, you will also be required to submit an Inheritance Tax account and pay any applicable Inheritance Tax. 3. Collecting in the assets and discharging the liabilities After you have obtained the Grant of Representation, you will be able to sell, transfer or encash the deceased's assets and settle any outstanding liabilities. You will then need to pay administration expenses and any further tax which may be due, such as Income Tax or Capital Gains Tax. 4. Preparing estate accounts You will then be required to prepare accounts, showing all monies into and out of the estate and showing the remaining sum left for payment to beneficiaries of the estate. 5. Distributing the assets The final stage of the process is to distribute the assets to the beneficiaries of the estate. This should include obtaining relevant ID and conducting bankruptcy searches. 6. Can I apply for a Grant of Representation myself or do I need a Solicitor to assist me Executors are personally liable for any acts or omissions conducted by them which cause loss to the estate. This is the case whether those acts or omissions were made in good faith or not. Whilst it is possible to apply for a Grant of Representation personally, the role of an Executor is an onerous one and it may be prudent to seek legal advice to mitigate the risks involved. See our article Why use a solicitor for further information.

How long does the probate process take?

The time it will take to administer an estate depends on the nature and complexity of the deceased’s affairs. The Executors must collate the necessary information and make enquiries into the deceased’s affairs before they can apply for a Grant of Probate or a Grant of Letters of Administration. It can often take up to 6 months (or longer) before the Grant of Probate or Letters of Administration is granted. It can then take at least a further 6-12 months before the administration of the estate is finalised. If the estate is subject to Inheritance Tax, the process can take much longer as the Executors must finalise the Inheritance Tax position and obtain clearance from HMRC. The administration can become further protracted if the Will is challenged or a claim arises under the Inheritance (Provision for Family and Dependants) Act 1975. Please see our Disputed Wills, Trusts and Estates page for more information on claims against estates.

Probate solicitors

We understand that the administration of a person's estate can be a complex, time consuming and often emotional time. That's why our probate solicitors work with you to take the strain and make the process as straightforward as possible.

The role of the personal representative

Society of Trusts and Estate Practitioners

It has always been possible for Personal Representatives to make a personal application to the probate registry but is it advisable?

Personal Representatives are personally liable for any acts or omissions conducted by them in relation to the administration of an estate. This can and should be a daunting prospect for anybody appointed in the role of a Personal Representative.

In the majority of cases, it is advisable to engage a probate solicitor from the outset of the estate administration so that they can identify and address any immediate legal issues that may be involved. There are a number of complexities which can arise during the administration of an estate and it is important for these to be identified and dealt with as soon as possible.

Essential tasks of estate administration

Personal Representatives are responsible for the administration of the estate, which involves:

Submitting an Inheritance Tax Return (required on all estates)
Obtaining the Grant of Probate or Grant of Letters of Administration (if there is no Will)
Gathering in the deceased's assets
Paying any debts and liabilities
Paying the legacies as set out in the Will
Setting up and dealing with the administration of any trusts set up under the deceased's Will
Obtaining tax clearance
Distribution of what is left over.

Complex probate issues

There can also be other complicating factors to contend with such as:

Domicile

Identifying the deceased’s domicile is critical as it will confirm which country’s succession laws will apply and the tax regime applicable to the deceased’s estate.

Intestacy

Identifying who is entitled to a deceased’s estate where there is no Will dictates not only who benefits from the deceased’s assets but also who has authority to deal with the deceased’s affairs. It is not automatic that a deceased’s spouse will inherit the whole of the estate. There is no provision for cohabitees to benefit from a deceased partner’s estate on their death.

Assets outside the UK

If the deceased owned property and assets outside the UK, it will be necessary to ascertain whether they left a will in that country. It will also be necessary to identify the relevant law which applies to the distribution of those assets. We are used to liaising with foreign lawyers and applying for foreign Grants of Representation to be resealed at court.

Tax

Care should be taken in identifying the values of the deceased’s assets and liabilities and preparing the Inheritance Tax account for the estate. Calculating the Inheritance Tax due on a deceased’s estate can be a complex process and advice should be sought to avoid any penalties for late payment or non-disclosure of relevant assets. Personal Representatives are personally liable for any unpaid inheritance tax.

Business Assets

If the deceased had an interest in a business, input will undoubtedly be required to assist with the mechanics of transferring that interest to the intended beneficiaries. It is also possible that Inheritance Tax reliefs may be available to offset against the value of business assets as part of the application to HMRC.

Trusts

If the deceased’s will includes one or more will trusts, additional steps will need to be undertaken by the executor (who may also be the trustee) to set up the trust. There will then be ongoing administration of the trusts, and depending on the nature of the property held, it is almost certain that the executor/trustee will need to instruct a solicitor and an accountant to prepare tax returns and trust accounts.

Minor beneficiaries

If the deceased’s will includes one or more minor beneficiaries, additional steps will need to be undertaken by the executor in relation to that child’s entitlement. It is not always possible or sensible to discharge a legacy to a minor child by obtaining receipt from that child’s parents or legal guardian.

Estate liabilities and creditors

Personal Representatives can be held personally liable if they distribute an estate prior to paying any estate liabilities. Even unknown creditors can seek recovery of debts of a deceased from their Personal Representatives.

Validity of the Will

It is possible for third parties to challenge the formal validity of a will, most commonly where there are allegations that the deceased lacked the necessary testamentary capacity when their will was executed, or there may be allegations of undue influence. If there is any suggestion of the will being challenged, the executors should consult a solicitor as soon as possible.

Claims against the estate

There are certain categories of people who will automatically qualify to bring a claim under the Inheritance Provision for Family and Dependents Act 1975. Defending such claims can be costly and time-consuming and Personal Representatives need to be fully appraised of their duties and obligations in such circumstances where this is a relevant consideration.

Post death variations

Beneficiaries of an estate may wish to vary their entitlement under the Will as part of their own Estate Planning. We can advise executors and/or beneficiaries how this should be done, both administratively and in the most tax-efficient manner.

Dealing with the deceased’s cryptoassets and digital legacy

Cryptoassets such as bitcoin do form part of a deceased’s estate for taxation and distribution purposes and a date of death valuation of these assets will need to be obtained alongside any other assets of the estate. This can cause difficulties for executors who are unfamiliar with this sort of investment. Executors may also require assistance with dealing with the deceased’s digital legacy, which can include things like photographs and music stored digitally, and email accounts. Under current legislation, accessing a deceased’s online accounts post-death can be a criminal offence, even if passwords have been volunteered prior to death. Appropriate care and advice should be taken by executors when dealing with these matters.

Why use a probate solicitor?

The role of a Personal Representative is complex and onerous and the responsibility of acting in this capacity should be taken seriously. Getting it wrong could be costly for you personally even if you are not a beneficiary of the estate.

Our probate solicitors are able to advise and assist Personal Representatives in administering an estate or to provide advice regarding particular aspects of estate administration. Contact any member of the team for reliable and trusted advice.

How we determine our price

Our overall fees for uncontested probate services (acting for the executors in administering the will of someone who has died) vary depending on how complex your matter is and what you would like us to do. This section provides a guide to how we calculate our charges for immigration work and an indication of how much the typical case is likely to cost. For an estimate tailored to your specific matter, please contact us and we will discuss your matter and needs with you and provide you with a bespoke cost estimate.

Our charges

Our charges consist of:

Our professional fees for the legal work, usually charged at an hourly rate.
Costs and expenses paid to others in order to progress your matter, such as the application fee for the grant of probate. We handle making these payments on your behalf during the course of your matter, either using money that you have given us in advance, or invoicing them to you together with our fees. These payments are called disbursements.
VAT is charged on our professional fees at the applicable rate, which is currently 20%. Many disbursements also carry VAT, and we will inform you of the VAT on each disbursement as we go along.

Calculating our fees

This section provides an outline of our likely charges for the probate work involved in administering a straightforward probate matter, where someone has died leaving a valid will which is not disputed, their beneficiaries can be easily identified and contacted, and their estate is not very large or complex.

Our fees are calculated purely based on a time spent basis. Unlike some other firms who charge a fixed percentage which includes an ‘uplifted amount’ known as the value element, we charge on a time basis at the hourly rates agreed with you at the beginning of the matter. In other words, you only pay for the work which is actually done on your behalf or on behalf of the estate.

Our standard hourly rates for members of the Wills, Trusts and Estates team who would carry out this work are as follows:

Title	Fees		VAT (20%)
Title	Regions	London	Regions	London
Partner	£420	£525	£84	£105
Legal Director	£420	£475	£84	£95
Principal Associate	£365	£425	£73	£85
Associate	£315	£400	£63	£80
Tax & Accounts Manager	£315	£400	£63	£80
Solicitor	£260	£350	£52	£70
Probate Executive	£240	£275	£48	£55
Trainee Solicitor	£200	£200	£40	£44
Paralegal / Legal Executive	£200	£200	£40	£44

Our rates are reviewed annually, and any changes notified to clients.

On average a typical straightforward probate matter takes between 25 to 40 hours of work to complete. We are able to give some broad guidance on estate costs, where all of the deceased’s assets are located entirely within the UK, and no disagreement has arisen, or will arise, between any potential recipients of assets of the estate.

Complexity	Description	Fees
Very simple UK estate	Valid Will, fewer than 5 beneficiaries, assets of less than £150,000 consisting of a residential property and less than 5 bank accounts.	£4,500 - £7,000 (+ VAT charged at 20% + disbursements)
Simple UK estate	Over £150,000 - £1 million and no inheritance tax to pay, few beneficiaries, small number of UK assets including one residential property.	£8,000 - £20,000 (+ VAT charged at 20% + disbursements)
Complex estate	Inheritance tax liability, may contain business assets with estate worth over £325,000, wide variety of assets and one or more properties, number of legacies, may require claims for reliefs to be made and other reporting requirements.	£15,000 - £50,000 (+ VAT charged at 20% + disbursements)
Highly complex estate	As in complex estate but with foreign assets or beneficiaries, or UK estate of non-domiciled individual.	£25,000 - £80,000 (+ VAT charged at 20% + disbursements)

There are a number of issues or additional pieces of work which can arise during or out of estate administration which will incur additional costs and mean the timescale for completion will be affected. If any of these points arise during the course of the matter, we will contact you and agree an estimate of costs and give a likely timescale to deal with the issues:

Investigation into the estate by the Department of Work and Pensions. This is automatic where a deceased person has been in receipt of Pension Credit or any means tested benefit prior to their death;
Missing beneficiaries;
Missing assets;
Problems with overseas assets;
Complex assets such as publishing or intellectual property rights;
Disagreements between executors and/or beneficiaries;
Claims brought against the estate;
Claims pursued on behalf of the estate to recover assets;
Complex tax issues;
Variations or alterations to the terms of the Will, intestacy or any trusts arising under the Will;
Establishment and administration of an ongoing Will trust;
Additional tax planning advice for beneficiaries of the estate.

Disbursements and other expenses

Disbursements are payments that are made to third parties on your behalf, for example the application fee for the grant of probate. They are separate payments for which the estate is liable in addition to our professional fees described above.

In a typical probate matter, the costs and expenses most likely to arise are as follows:

Fee Description

Fee

Probate Court / application fee

£300

Additional copies of the probate for each asset holder

£1.50 each

Land Registry copy of property registers and title plan

£6

(+ VAT charged at 20%)

Missing asset search

£165

(+ VAT charged at 20%)

Missing Will Search

£99

(+ VAT charged at 20%)

Legal notices to creditors (e.g. London Gazette fee)

Est. £200

(+ VAT charged at 20%)

Bankruptcy searches

£2 per name searched

(+ VAT charged at 20%)

Other costs to consider

The cost estimates above do not include:

Organising the funeral;
Investigation into misappropriated assets during the lifetime of the deceased;
A member of our staff acting as an executor of the estate;
Any additional costs of disposing of estate assets, such as the costs of selling a property. For information about our conveyancing charges, see our residential property page.

Legal work involved in the transaction

Although estates will vary depending on their circumstances, in a typical probate matter we will need to do the following work, which will be covered by the guideline costs outlined above:

Identifying the executors and beneficiaries.
Communicating with and advising the executors, and communicating with the beneficiaries and other parties, throughout.
Checking the type of probate application you will require.
Obtaining the relevant documents required to make the application.
Completing the probate application and any forms required by HM Revenue & Customs.
Drafting any supporting documents for the application for the Grant of Probate.
Making the application for the Grant of Probate.
Obtaining the Grant of Probate and distributing copies as necessary.
Collecting and distributing the assets of the estate.
Reporting and accounting for the income tax for the administration period.
Preparing the final estate accounts and obtaining approval from executors and beneficiaries.

It would not normally be necessary to undertake other work or incur costs other than those described above. However, we would be very happy to provide you with a more tailored quote for all stages of your particular case once we know about the specific circumstances.

Timescale and key stages

The key stages of the work involved in administering an estate are as follows:

Identifying the executors.
Valuing the assets and liabilities in the estate.
Completion of the relevant inheritance and income tax forms and payment of tax.
Completion of the Probate Registry forms/required affidavits to apply for a Grant of Representation.
Obtaining the Grant of Representation.
Collecting in the assets of the estate.
Settling any debts and liabilities of the estate.
Preparation of estate accounts.
Distribution of the assets.

The average timescales involved are as follows:

From initial instruction application for the Grant of Representation: 3-6 months.
Issuing of the Grant of Representation 3-12 months.
Collecting and distributing the assets: 3-6 months.

Total timescale for a straightforward estate therefore is normally 9 -18 months for the whole process.

Please note there have been lengthy delays involved in the issue of Grants of Representation since the centralisation of the process by HMCTS in 2020. These lengthy delays continue and are currently between 3 and 12 months from application for the Grant of Representation to the receipt of the Grant. The waiting time depends on the type of Grant required and whether an online application is possible. We will advise you of the likely waiting time specific to your case.

It is therefore difficult for us to give an accurate estimate of the costs involved and the timescale without an initial face to face or telephone meeting where we can take more detailed information from you.

Unlike many of our competitors, Weightmans offer the first meeting on a no obligation basis. If you decide to instruct us, then the cost of that meeting is then factored into the overall cost estimate.

How we collect our fees

When we are instructed in the administration of the estate, we send detailed client engagement letters to the executors of the estate for agreement. Where the executors of the estate are partners in Weightmans, we send these engagement letters to the residuary beneficiaries of the estate.

Our first invoice is not usually submitted until we make the application for the Grant of Representation. After that the file will normally be invoiced monthly and a costs update provided with each invoice. These invoices are then settled from the estate assets as we collect them in.

This process means that you do not need to worry about funding our costs upfront and enables executors to easily monitor the costs being incurred. If the facts of the file mean that we are not able to proceed on the basis of the above this will be agreed with you at the outset and detailed in our engagement letter.

Who will be dealing with your application?

In order to provide a cost and time efficient service, the majority of the routine work on estates is carried out by paralegals and junior solicitors or Associates and is supervised by more senior colleagues – either a Partner, Legal Director or Principal Associate.

Most of our team members are fully qualified members of the Society of Trust and Estate Practitioners and/or Solicitors for the Elderly.

This team approach to our estate administration work ensures you will always be able to contact someone about your matter.

Once you know who will be in the team allocated to your file, you will be able to find out more further details of their background and qualifications by visiting the People section on our website.

If you have any queries, please contact:

Birmingham — Sarah Louise Walker on 0121 200 5751, or at sarah.walker@weightmans.com
Leeds — Michele Wightman on 0113 213 4129, or at michele.wightman@weightmans.com
Leicester — Frances Brickwood on 0121 616 6581 or at frances.brickwood@weightmans.com
Liverpool — Suzannah Lindon-Morris 0151 227 2987 or at suzannah.lindon-morris@weightmans.com
London — Patrick Malone on 0207 227 7440 or at patrick.malone@weightmans.com
Manchester — Sally Cook on 0161 214 0597, or at sally.cook@weightmans.com
Newcastle — Louise Miller on 0191 244 4108, or at louise.miller@weightmans.com

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Frequently asked questions on probate

I am appointed as an Executor. What do I need to do?

The work involved in administering an estate will depend on its value and the individual assets and liabilities involved. The immediate priorities are to register the death and make the funeral arrangements.

The Executor(s) have a duty to ensure the estate is administered in accordance with the Will (or the rules of intestacy, as the case may be). This includes, but is not limited to, dealing with all assets and liabilities, paying any tax which is due and ensuring that the estate is paid to the correct beneficiaries.

Acting as an Executor can be very time consuming. There are legal duties which must be fulfilled and timescales which must be met. Executors can often come under pressure from bereaved families but can also be held personally liable if creditors are missed or the estate is paid to incorrect beneficiaries, even if this is done inadvertently.
What is a Grant of Probate?

A Grant of Probate is a formal legal document which is issued by the Probate Registry and which authorises the Executors of a Will (or their attorneys) to carry out the administration of a deceased person’s estate by collecting in their assets, discharging all liabilities and carrying out the terms of the Will when distributing the net estate. An application for a Grant of Probate is the formal legal process through which executors apply to prove the last Will and Testament of the deceased.

If there is no Will, or if the Executors appointed in a Will are unable or unwilling to act, an application is made to the Probate Registry for a Grant of Letters of Administration instead. Both the Grant of Probate and the Grant of Letters of Administration can be referred to as a Grant of Representation.
Is it always necessary to apply for a Grant of Representation?

No, it is not always necessary to apply for a Grant of Representation. Small estates with assets up to a value of £5,000 can usually be transferred without going through the probate process.

Similarly, if the only assets in the deceased’s estate are jointly held property and cash, which are only to be transferred to a spouse or civil partner, probate will not usually be required.
How long does it take to obtain a Grant of Representation?

If a Will is uncontested, it takes on average six to nine months to complete the administration of an average sized estate. There are a number of factors which can substantially increase the length of time it takes to complete the administration of an estate, including; challenges to a Will, assets outside the UK, complex family circumstances, complex assets such as an interest in a trading business, if the estate is taxable.
Is a Grant of Representation required if I have a joint bank account?

If you share a joint bank account with someone who has died, you will not need a Grant of Representation to access the money in the account. However, your bank will need to see a death certificate before transferring the funds into your name.
What stages does the administration of an estate consist of?

The complexity of the process of administering a deceased person’s estate varies depending on the complexity of the deceased's assets. The process can, however, be broken down into five main phases.

1. Identify the value of the estate

All the deceased’s assets, such as property, bank accounts, investments and possessions will need to be identified, along with their liabilities, such as debts, unpaid bills and outstanding taxes. Once this is complete, you will be able to determine the value of the estate.

2. Apply for a Grant of Representation

In order to obtain the legal authority to administer an estate, you will need to apply to the Probate Registry for a Grant of Representation. At this stage, you will also be required to submit an Inheritance Tax account and pay any applicable Inheritance Tax.

3. Collecting in the assets and discharging the liabilities

After you have obtained the Grant of Representation, you will be able to sell, transfer or encash the deceased's assets and settle any outstanding liabilities. You will then need to pay administration expenses and any further tax which may be due, such as Income Tax or Capital Gains Tax.

4. Preparing estate accounts

You will then be required to prepare accounts, showing all monies into and out of the estate and showing the remaining sum left for payment to beneficiaries of the estate.

5. Distributing the assets

The final stage of the process is to distribute the assets to the beneficiaries of the estate. This should include obtaining relevant ID and conducting bankruptcy searches.

6. Can I apply for a Grant of Representation myself or do I need a Solicitor to assist me

Executors are personally liable for any acts or omissions conducted by them which cause loss to the estate. This is the case whether those acts or omissions were made in good faith or not. Whilst it is possible to apply for a Grant of Representation personally, the role of an Executor is an onerous one and it may be prudent to seek legal advice to mitigate the risks involved. See our article Why use a solicitor for further information.
How long does the probate process take?

The time it will take to administer an estate depends on the nature and complexity of the deceased’s affairs. The Executors must collate the necessary information and make enquiries into the deceased’s affairs before they can apply for a Grant of Probate or a Grant of Letters of Administration. It can often take up to 6 months (or longer) before the Grant of Probate or Letters of Administration is granted. It can then take at least a further 6-12 months before the administration of the estate is finalised.

If the estate is subject to Inheritance Tax, the process can take much longer as the Executors must finalise the Inheritance Tax position and obtain clearance from HMRC.

The administration can become further protracted if the Will is challenged or a claim arises under the Inheritance (Provision for Family and Dependants) Act 1975. Please see our Disputed Wills, Trusts and Estates page for more information on claims against estates.
Are cryptoassets taxable for Inheritance Tax purposes?

Yes, cryptoassets do form part of a deceased’s estate for taxation purposes. It is important that people who own cryptoassets make their executors aware of the existence of these assets and how to access them after death. If the deceased has not provided access to their Private Key, the value of these assets will be lost. It is the responsibility of the Personal Representatives to declare the value of these assets to HMRC.
Will my executors be able to deal with my digital legacy when I die?

The phrase ‘digital legacy’ can include anything from cryptoassets such as bitcoin to photographs and music stored digitally, email accounts and online retail, social media or gambling accounts. It is advisable to provide sufficient information relating to your digital legacy to enable your executors to deal with it effectively when you die. Providing access to passwords may not be sufficient as under current legislation, accessing a deceased’s online accounts post death can be a criminal offence. Make sure that you take advice from a professional advisor about how best to deal with your digital legacy.