A Grant of probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will) is the legal order issued by the court to enable the executor or administrator to administer the estate in accordance with the Will or laws of intestacy.

When is probate required?

If the deceased owned a property in their sole name or as tenants-in-common, or held assets with financial institutions typically worth £5,000 or more although some banks and building societies increase their individual thresholds. Probate enables them to close bank accounts, sell shares and sign sale contracts or transfer documents for property.

How long does it take to get probate?

Once the value of the assets and liabilities of the estate are known, the application for probate can be made. If the estate only requires the shorter IHT205 HMRC form, it can be sent direct to the probate court and the grant is usually issued in 3-4 weeks, although there may be delays in the current circumstances. If the full IHT400 HMRC form is required, this together with any initial inheritance tax due must be sent to HMRC first and a receipt obtained which can add a further 4-5 weeks onto the timescale.

When does the administration period of an estate end?

The administration period takes place from the date of the individual’s death and ends once all assets have been distributed and everything has been paid out.

Can an Administrator of an Estate be a beneficiary?

Yes, the administrator of an estate can also be a beneficiary and this is often a common occurrence. This usually happens when the Administrator is a close relative like a spouse or child.

Can an Administrator of an Estate sell property?

An Administrator does not have legal authority to sell a property unless the grant of probate has been issued.

Can there be more than one Administrator of an Estate?

Only one Administrator of Estate is required but up to four people can be appointed.

What is the difference between an Executor and Administrator of estate?

Executors are appointed under a will and will need to obtain a grant of probate, whereas Administrators are appointed in line with the rules of intestacy when there is no will.

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Estate Administration Solicitors

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When you lose someone close to you, it can be a difficult time for everybody involved. Dealing with the application to apply for Letters of Administration can seem daunting, especially if you have never had to deal with it before. Our Estate Administration Solicitors can help and guide you through the process of administering an estate including attending to any legal requirements.

Our Probate team are here to:-

Help administer any size of estate, from the simple to the very complex;
Handle all the administration, or just part if you want to do some of the work yourself;
Complete and submit the Probate application forms and Inheritance Tax return to cover the legal requirements and ensure the correct amount of tax is paid;
Help you if your loved one passes away without a will.

"The team is very approachable and the advice to clients has always been communicated in a clear and understandable manner."

Our dedicated team, who have over 60 years of collective experience, knows that no two estates are the same. Once we have spoken to you and understand the work required, we can advise you on the type of service that may best suit you and provide a detailed plan of the work to be undertaken and provide a fee estimate in advance. As we advise on probate and estate administration matters all day, every day, we encounter very few situations that we have not seen before and we can act quickly to ensure the estate progresses without delay.

Our experienced team is ranked in the 2024 edition of the Chambers High Net Worth Guide.

Wright Hassall are knowledgeable, skilled and confident lawyers who are working incredibly hard for their clients.

Chambers & Partners High Net Worth 2024

What can an Administrator of an Estate do?

The Administrator of an Estate is responsible for the deceased person's assets. This could include their money, property and possessions. They will be responsible from the moment the Court grants them the relevant authority until all assets have been distributed to the beneficiaries. Other responsibilities of might include:

Gathering financial information.
Securing property and post.
Calculating debts and valuing the estate.
Notifying creditors and beneficiaries.

If you’re looking for an Estate Administration Lawyer to help you administer an estate, get in touch with us today to see how we can help.

How to become Administrator of an Estate??

The process you will need to follow will largely depend on the circumstances at the date of death and the rules in force, in most cases you will need to:

Speak to a probate specialist about the valuation and details of the estate.
Complete various forms.
Provide relevant documents, such as the official death certificate, inheritance forms and application fee.
Most applications are submitted “online” but certain applications where the circumstances are more complex will need to be sent to the Courts in the post.
If your application is approved you will receive your Grant of Letters of Administration in the post within 14 – 16 weeks

How to be appointed Administrator of Estate?

Whether you can be appointed as the Administrator of an estate will depend on your relation to the deceased. The following people are most likely to be appointed as the Administrator of Estate:

Spouses or civil partners.
Children aged 18 or over.
Grandchildren.
Parents.
Siblings.
Nephews and nieces.
Other relatives.

What is a Letter of Administration for an estate?

Similar to a Grant of Probate a Letter of Administration is issued by the Court and allows the named individual to administer the estate when the deceased did not leave a Will

Do I need Letters of Administration for a small estate?

Generally speaking, if an estate is valued at below £5,000, Letters of Administration and a Grant of Probate aren’t normally needed. Whether a Court issued document is required will depend on whether the deceased’s banks or asset holders request sight of the document.

Will the Estate have to pay Capital Gains Tax?

Capital Gains Tax (CGT) may need to be paid if you sell shares, investments or property that belong to the estate. This will depend on whether:

They have gone up in value since the individual's death.
They’ve gone up in value since being valued for Inheritance Tax.

What happens to an estate if there is no Will?

An individual’s estate is administered according to the rules of Intestacy if they die without a Will. This means that a complex set of rules will decide who is allowed to administer the deceased’s estate and who inherits it.

The first £322,000 of the estate will be inherited by the deceased’s spouse and the remainder of the estate will be distributed to children, grandchildren or great grandchildren. If the person has no living relatives, the estate will go to the Government or the Crown.

What happens to an estate with a will?

When an individual dies and has a Will, their estate will be distributed according to their wishes.

The Executor will be named in the Will and will be required to administer the estate in line with the terms of the Will. Executors can be a close relative, someone you have known and trusted for a long time or a professional, like a Solicitor. At Wright Hassall our Estate Administration Solicitors are here to help you properly administer an estate in line with an individual’s wishes. Get in touch with us today to see how we can help you.

Why choose Wright Hassall?

Our dedicated team has over 60 years of collective experience and knows that no two estates are the same. Once we have spoken to you and understand the work required, we can advise you on the type of service that may best suit you and provide a detailed plan of the work to be undertaken as well as provide a fee estimate in advance. As we advise on probate and estate administration matters all day, every day, we encounter very few situations that we have not seen before and can act quickly to ensure the estate progresses without delay.

Wright Hassall are experienced lawyers who also have a good commercial approach and we receive practical advice.

Chambers & Partners High Net Worth 2024

Name *

Email address *

Telephone number *

Details of your situation

Is there a Will or Grant or Probate?

Value of estate/trust if known?

Pricing transparency

Wright Hassall offer a range of fixed fee and time-based services depending on the activities required.

Fixed fee only services – where a full IHT return is not needed

Obtaining a Grant of Probate (IHT205 form) - £1,500 plus VAT
Obtaining a Grant of Probate claiming a double nil rate band (IHT205 and IHT217) - £2,000 plus VAT

Time based services

Fees are based on hourly rates (excluding VAT, which is charged at the prevailing rate) which range from £155 to £325 depending on the seniority and experience of the individual advising. We will always ensure that the right person at the right level manages your matter with the appropriate level of supervision.

NB: This fee scale is a guide only. We will send you a questionnaire to complete so we can establish how much work will be involved in administering the estate before giving you an accurate estimate. In most situations, we are able to offer you the choice of a time based estimate range or a fixed rate quote to meet your specific circumstances..

Obtaining a Grant of Probate where a full IHT return is due but no tax is payable (IHT400) - £2,000 to £3,000.
Obtaining a Grant of probate where a full IHT return is due and tax is payable (IHT400) - £2,400 to £4,000.
Full estate administration – based on simple estate example – in the region of £5,000 to £7,000.
Full estate administration – based on complex estate example – in the region of £7,000 to £15,000.

Simple estate example – (could include the following)

Valid Will with 1-2 executors acting	Up to 5 pecuniary legacies
Up to 5 residuary beneficiaries	No trusts/disputes or claims
Up to 8 bank/building society/liquid assets	Up to 1 property
Up to 3 shareholdings	No inheritance tax to pay
HMRC shorter return (IHT205) required

Complex estate example – (could include the following)

Valid will with up to 4 executors	Straightforward intestacy position
Over 5 pecuniary legacies	Over 5 residuary beneficiaries
Trust in the will or a connected lifetime trust	Minor beneficiaries
Multiple cash assets	1 or more property
Investment portfolio/ number of shareholdings
HMRC full return (form IHT400) required	Inheritance tax payable
Income tax returns to be completed
Complex estate accounts/devolution

It is often difficult to know whether any of these factors will be relevant at the outset of the matter and they may only become known once a quote has been provided and a degree of work has already been undertaken on your behalf.

As soon as we are aware of any factors that will impact the level of professional fees and/or disbursements (see below) payable, we will notify you and provide you with an indication of the likely impact.

Matters in all estate administrations which may give rise to additional costs

No Will (intestacy) or proving a missing or damaged will Registering the death or arranging the funeral.
Large number of individual shareholdings or managed portfolios.
Arranging property insurance and managing the utility accounts until a property is sold.
Complex inheritance tax situations, including claims for agricultural or business assets.
Missing beneficiaries.
Disputes between executors and/or beneficiaries.

Disbursements – third party costs which may be incurred during the administration. We will handle the payment of these disbursements on your behalf to ensure a smoother process (all figures inclusive of VAT charged at 20% if applicable)

Probate Court fees (£300) and office copies (£1.50 per copy) Will and Financial asset searches (£136.80 and £186)

Bankruptcy searches (£2.40 for UK, £100 estimated for overseas) Statutory notices (£170 estimated)

Depending on the nature of the estate there may also be valuation fees, estate agents commission and conveyancing costs, and any taxes payable to HMRC in the estate. For more information on taxes, please see the Gov.UK website.

Timescales – how long will it take?

For our Obtaining the Grant of Probate services, we would expect the executors to provide us with all valuations of the estate assets and liabilities and we would expect to draft the papers for signing and apply in 2-3 weeks following receipt of the information. The Grant of Probate should be issued 6-18 weeks after that if a full IHT return is not required, or if a full return is required, the time to issue should be 10-24 weeks, subject to Probate Court and HMRC turnarounds.

For full estate administrations, where we will notify companies, and beneficiaries and arrange valuation of the assets and liabilities, we would expect to be able to apply in 4-10 weeks depending on the complexity of assets. The issue of the Grant would then be as detailed above, subject to making any arrangements for payment of inheritance tax required.

Once the Grant of Probate is issued, we would arrange to collect the assets, pay any liabilities and expenses, pay any legacies, and distribute the estate. This can take between 2-4 months for simple estates and can take between 6-18 months for more complex estates where delays can be encountered through agreeing the inheritance tax position, selling the property, dealing with the investments, and settling the income and capital gains tax position.

A full set of estate accounts will be produced for the executor’s approval at the end of the administration before final distribution which will be sent to the residuary beneficiaries when making final distributions.

Examples of full administrations undertaken Simple estates

For an estate valued at £350,000 passing to two residuary beneficiaries which included one property and seven bank accounts we charged an administration fee of £3,100 plus VAT.

For an estate valued at £480,000 which had six pecuniary legacies and passed to one residuary beneficiary and included, one property, nine bank accounts, bonds and policies, and one shareholding, we charged an administration fee of £5,400 plus VAT.

Complex estates

For an estate valued at £600,000 with no inheritance tax due which passed to one pecuniary legacy, a mixture of twenty-five charitable and non-charitable residuary beneficiaries in unequal shares and included one property and nine bank accounts and policies, we charged an administration fee of £7,500 plus VAT.

For an estate valued at £500,000 which was subject to inheritance tax, had seven pecuniary legacies and passed to three residuary beneficiaries and included one property, four bank accounts and eight investment holdings we charged an administration fee of £9,200 plus VAT.

For an estate valued at £1,000,000 which was subject to inheritance tax, had three pecuniary legacies and two residuary beneficiaries and included two properties, 5 accounts, nine investment holdings, claims for agricultural and business property relief and a partial transferable nil rate band we charged an administration fee of £12,300 plus VAT.

Quality assured: Wright Hassall is Lexcel accredited, the Law Society’s legal practice quality mark for practice management and client care.

The details

* Grant of probate

Work involved	Timescales
Review of the will and executor’s duties	At initial meeting/1 week
Review of the assets and liabilities/ Consider any appropriate nil rate bands, allowances and exemptions and gifts affecting the inheritance tax position / Prepare IHT400 and statement of truth, calculate any tax owed, advise on timings and options for payment	2-3 weeks from when information received from executor
Arrange for signing of inheritance tax forms and statement of truth/ Submission of IHT400 and request receipt for payment of IHT	1-2 weeks dependent on meeting arrangements
Submit application to the Probate Court, with tax receipt to obtain the Grant of Probate	3-4 weeks after above
Issue of the Grant of Probate by Probate Court and requisite number of office copies to pass to executors to collect and distribute the assets of the estate	Currently 6-18 weeks from submission (would usually be 2-3 weeks)
Consider IHT loss relief claims on assets sold by executors, report any corrective figures to HMRC, deal with any HMRC queries and obtain IHT clearance	2-3 months once details provided by executors

* Full estate administration

Work involved	Timescales
Review of the will and executor’s duties	At initial meeting/1 week
Prepare and submit statutory notices to claimants in the London Gazette and local press and undertake Will and asset searches for later Wills or unknown assets in the deceased’s name. Review of assets and liabilities and obtain valuations	3-6 weeks depending on assets
Contact all beneficiaries and advise them of their entitlement	3 weeks unless later contact agreed with executor
Consider any transferable nil rate band etc.	4-6 weeks once asset details known
Prepare the relevant tax forms (IHT205 or IHT400) and provide Statement of Affairs to executor/ Calculate any tax owed, advise on timings and options for payment	5-8 weeks depending on asset information received
Arrange for signing of IHT papers and statement of truth	1-2 weeks after above
Pay any IHT due, submit the IHT form and obtain receipt from HMRC	4-6 weeks after above
Apply to the Probate court to obtain Grant of Probate and requisite number of office copies	Currently 6-18 weeks after above (would usually be 2-3 weeks)
Collect assets, pay outstanding liabilities, reimburse Executors’ expenses and pay legacies	Up to 8-10 weeks from issue of Grant
Send a Beneficiary Statement of Affairs to the residuary beneficiaries and correspond with executors and beneficiaries regarding the transfer of assets and distribution of the estate.	Up to 8-10 weeks from issue of Grant
Consider IHT loss relief claim on assets sold by executors, report any corrective figures to HMRC, deal with any HMRC queries or additional payments including income tax and capital gains tax and obtain IHT clearance.	Depending on realisation of assets timescales, e.g. sale of property
Prepare estate accounts for executor approval, pay balance to beneficiaries and prepare tax deduction certificates	2-4 weeks of administration being complete

FAQs

What is probate?

A Grant of probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will) is the legal order issued by the court to enable the executor or administrator to administer the estate in accordance with the Will or laws of intestacy.
When is probate required?

If the deceased owned a property in their sole name or as tenants-in-common, or held assets with financial institutions typically worth £5,000 or more although some banks and building societies increase their individual thresholds. Probate enables them to close bank accounts, sell shares and sign sale contracts or transfer documents for property.
How long does it take to get probate?

Once the value of the assets and liabilities of the estate are known, the application for probate can be made. If the estate only requires the shorter IHT205 HMRC form, it can be sent direct to the probate court and the grant is usually issued in 3-4 weeks, although there may be delays in the current circumstances. If the full IHT400 HMRC form is required, this together with any initial inheritance tax due must be sent to HMRC first and a receipt obtained which can add a further 4-5 weeks onto the timescale.
When does the administration period of an estate end?

The administration period takes place from the date of the individual’s death and ends once all assets have been distributed and everything has been paid out.
Can an Administrator of an Estate be a beneficiary?

Yes, the administrator of an estate can also be a beneficiary and this is often a common occurrence. This usually happens when the Administrator is a close relative like a spouse or child.
Can an Administrator of an Estate sell property?

An Administrator does not have legal authority to sell a property unless the grant of probate has been issued.
Can there be more than one Administrator of an Estate?

Only one Administrator of Estate is required but up to four people can be appointed.
What is the difference between an Executor and Administrator of estate?

Executors are appointed under a will and will need to obtain a grant of probate, whereas Administrators are appointed in line with the rules of intestacy when there is no will.