Probate & Estate Administration
Estate Administration & Inheritance Tax
Dealing with the estate of a loved one can feel overwhelming, particularly when legal and tax complexities are involved. Nicola provides expert probate guidance to executors and families, ensuring estates are managed correctly and efficiently.
Services Include:
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Applying for a Grant of Probate or Letters of Administration
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Preparing and submitting inheritance tax forms to HMRC
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Collecting, valuing, and distributing estate assets
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Preparing estate accounts
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Advising on intestacy when there is no will
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Handling complex estates, including those with overseas assets
Nicola can also act as a professional executor, relieving families of administrative and legal burdens during a difficult time.
FAQs
What is probate?
Probate is the process of applying to court to get authority to deal with a person’s estate after death. We also deal with HMRC inheritance tax submissions, calculate inheritance tax and claims for relief and the application to the probate court.
- With a valid Will, executors apply for a Grant of Probate
- Without a Will, next of kin (called administrators) in a priority order apply for Letters of Administration
Do I always need probate?
Not always. You may not need it when:
- Bank balances are small and under provider thresholds
- All assets were owned jointly and pass to the survivor
- There is no property to sell or transfer We check the position with each estate
What are the main steps in probate?
- The Executors’ responsibilities are to:
- locate and identify the assets and any liabilities of the estate
- deal with the administration of the estate according to law by collecting in these assets
- determine the beneficiaries
- apply to the Court for a grant of Probate of the Will. (Probate is a formal document that confirms the Executors and gives them permission to administer the estate
- make sure all claims or debts are received, assessed and paid if substantiated arrange for the distribution of the estate in accordance with the terms of
the Will - prepare accounts
- deal with taxation returns
- Defend any litigation
- If your Executors as Trustees of your Will. The Trustees are responsible for:
- managing any trust that might arise in your Will
- holding funds for children until the date specified in the Will or until a child’s 18th birthday
- complying with their regulatory obligations which may include registering any trust arising under your Will with HMRC’s Trust Registration Service
How long does probate take?
Time varies with the estate and Registry timelines. It’s influenced by:
- How quickly valuations and paperwork arrive
- How quickly HMRC deal with any submissions for IHT
- Waiting for HMRC to provide a code to apply for probat and court processes
We set a realistic plan and keep you updated but currently HMRC are taking approx. 1 month to send the required ‘code’ and courts timescales are 12 weeks
Who deals with inheritance tax forms?
We prepare the required forms and can liaise with your accountant where needed.
What happens if there is a dispute or missing information?
We outline options such as:
- Tracing assets or documents
- Placing statutory notices to protect executors called a s27 Trustee Act notice
- Referring to specialist contentious probate solicitors if needed
Can you help if the person died without a Will?
Yes. We confirm who can apply, prepare the application, and explain the intestacy rules for distribution.
Do I need to close accounts before the grant arrives?
Most providers need the grant first. We gather data and prepare paperwork so funds can be collected swiftly once it arrives.
What documents do you need from me?
- Death certificate and your photo ID and address ID
- The original Will and any codicils, if there is a Will
- Details of assets and debts, including account numbers and latest statements
- Contact details for all executors and beneficiaries
- The information needed can be completed in our Estate administration form
Other Services
Wills & Trusts
Creating clear, legally sound wills with expert guidance. Advice on setting up trusts and inheritance tax planning ensures your estate is structured effectively to benefit loved ones and minimise tax liabilities.
Powers of Attorney
Preparation of Lasting Powers of Attorney for property and financial affairs and for health and welfare, plus General Powers of Attorney.