Probate and the Administration of Estates
When a person dies, the assets that they leave (their estate) has to be dealt with. The responsibility for this rests with the executors (where the deceased has made a Will) or the administrators where no Will was made.
Although they have different titles, their responsibilities are broadly the same – and they carry significant legal responsibility – those dealing with the estate are accountable to the beneficiaries, any creditors and HM Revenue & Customs and if they do not do their job properly, they may be personally liable for any losses suffered by the beneficiary or any unpaid debts if they have not taken the proper steps.
We have many years of experience in connection with the administration of estates and can guide you through what can be a daunting process. We can:
- advise executors and administrators as to exactly what their duties are;
- assist with the application for the Grant of Representation (called a Grant of Probate where there is a Will and Grant of Letters of Administration where there isn’t);
- ensure that proper steps are taken to identify creditors through publishing the requisite legal notices;
- deal with encashment or sale of assets;
- handle the payment of legacies;
- ensure that the tax position of the deceased is up to date and that any overpaid income tax is reclaimed;
- prepare the requisite documentation for HM Revenue & Customs reporting the assets in the estate;
- apply for all clearance from HMRC when inheritance tax has been paid;
- prepare the final estate accounts.
Taking on the role of administering an estate is a duty not to be taken on lightly and we are here to guide you through each stage of the legal process and ensure that the job is done properly.
If you would like further assistance with a Probate matter please call us today on 01244 312306.







