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The difference between probate and estate administration
These terms are often used together and interchangeably, but they are not exactly the same thing:
- Probate usually refers to the legal authority needed to deal with the estate. If there is a valid Will, this will normally be a Grant of Probate. If there is no Will, the equivalent authority is usually Letters of Administration.
- Estate administration is the wider process of dealing with the estate from start to finish. This includes gathering information about assets and debts, valuing the estate, dealing with HMRC requirements, paying liabilities, collecting in funds, preparing estate accounts and distributing the estate to the right people.
Probate is one part of the process, while estate administration covers everything that needs to be done to deal with the estate properly.
Clear support when you are dealing with an estate
Dealing with a loved one’s estate can feel overwhelming, particularly at a time when you are already coping with the pain of bereavement. Even where the estate appears straightforward, there can still be important legal, financial and practical responsibilities to deal with.
Probate and estate administration involve identifying the deceased’s assets and liabilities, dealing with tax and outstanding debts, obtaining the right legal authority where needed, and distributing the estate correctly and transparently. Where someone is acting as an executor or administrator, they may also take on personal legal responsibility for mistakes made during the process.
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Stages of administering an estate
Every estate is different, but the process will usually involve a number of key stages. It often begins with confirming the death, locating the original Will if there is one, and identifying the people who have authority to act when distributing the estate.
From there, the estate needs to be investigated and valued properly. Depending on the estate, this may involve inheritance tax, income tax during the administration period, or capital gains tax where assets are sold after death. Only once the position is clear can the estate be collected in, debts and expenses settled, and the remaining assets distributed.
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The role of an executor or administrator
Acting as an executor or administrator is a significant responsibility and is not simply an administrative role. Personal representatives are expected to deal with the estate properly and can be held personally liable if assets are distributed too early, taxes are underpaid, or creditors are overlooked. This can be especially important in situations where:
- the estate includes property, business interests or overseas assets
- there are questions about the validity or location of the Will
- there may be unknown creditors
- there are disagreements between family members or beneficiaries
- the estate may be insolvent
- the estate includes trusts or tax-sensitive arrangements
For many people, legal support from experienced probate and estate administration solicitors is as much about reducing risk as it is about easing the administrative burden.
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When probate and estate administration become more complex
Some estates are relatively straightforward, but others become more involved quite quickly. That may be because the family situation is more complicated, the estate includes harder-to-manage assets, or there are legal and tax issues that need closer attention.
Difficulties often arise where someone dies without a valid Will, where beneficiaries are difficult to trace, where there are overseas assets, or where there is uncertainty about debts or tax. Complexity can also increase if an executor is unable or unwilling to act, or if family members do not agree about how the estate should be handled.
In some cases, beneficiaries may want to reconsider how part of the estate should pass after death. A Deed of Variation may then be appropriate, provided the legal requirements are met.
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If someone dies without a Will
If someone dies without a valid Will, the estate is usually dealt with under the rules of intestacy. In that situation, an administrator rather than an executor will usually be appointed, and the estate must be distributed according to a strict legal order rather than the deceased’s personal wishes.
Intestacy can make administration more difficult, particularly where family structures are more complex or where relatives need to be traced.
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The costs of Probate and Estate Administration
In practice, many of those items are unlikely to be needed in your circumstances and will not be incurred. The cost will depend on the nature of the estate, the work involved and whether you need support with the full administration or only a specific part of the process.
Our full list of services and prices is available using the button below.
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Probate and Estate Administration FAQs
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What is probate?
Probate is the legal authority to deal with a deceased person’s estate where there is a valid Will. The Court issues a Grant of Probate to the executor named in the Will.
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What is estate administration?
Estate administration is the wider process of dealing with the estate after death: identifying assets and debts, valuing the estate, dealing with tax, collecting in funds, paying liabilities and distributing the estate correctly and transparently.
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What happens if there is no Will?
If there is no valid Will, the estate is usually dealt with under the strict rules of intestacy. Instead of a Grant of Probate, the Court will usually issue Letters of Administration to the appropriate person entitled to act.
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Do all estates need probate?
Not always, whether a Grant of Probate is needed depends on the type and value of the assets involved. Smaller estates or assets held jointly may not always need a formal Grant, but many estates do.
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How long does probate and estate administration take?
Each case is unique, and it depends on the complexity of the estate. Straightforward cases may be resolved more quickly, but many estates take several months, and more complex estates can take significantly longer, including over the course of several years.
Once they know the full circumstances of the case, our specialist team will provide their assessment of how long the process will take, as well as keeping you up to date at every stage and if the timescales are likely to change.
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Can an executor be personally liable?
Executors and administrators can be held personally liable if they distribute assets before dealing properly with debts, creditors or tax, or if mistakes are made during the administration.
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What taxes may need to be dealt with during estate administration?
Depending on the estate, there may be inheritance tax, income tax during the administration period, and capital gains tax if certain assets increase in value before they are sold or transferred.
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What is a Deed of Variation?
A Deed of Variation allows beneficiaries to change how an estate is distributed after death. In some circumstances it can be used for personal, family or tax planning reasons, provided it is completed within the relevant time limits.
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What happens if there is a dispute over the estate?
If there is a disagreement about the validity of the Will, the way the estate is being administered, or whether someone has been properly provided for, that may become a Contentious Probate matter. We can advise on those issues separately where needed.
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What is probate?
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How TLW Solicitors can help
At TLW Solicitors, we can support families, executors and administrators at every stage of the probate and estate administration process. Some clients ask us to deal with the full administration of an estate, while others want help with a specific part of the process, such as obtaining the grant, dealing with HMRC requirements, or advising on a more complex issue.
We can assist with matters including:
- applications for Grants of Probate
- applications for Letters of Administration
- full estate administration
- identifying and valuing estate assets and liabilities
- dealing with inheritance tax and related reporting
- advice for executors and administrators on their duties and responsibilities
- support where estates are complex, cross-border or potentially insolvent
- post-death planning, including deeds of variation
Our Wills and Probate team can advise on related issues such as intestacy, contentious probate, Wills, trusts and lifetime estate planning. Our role is to help ensure that the estate is dealt with properly, efficiently and with as little stress as possible for those involved.
