Probate & Estate Administration Solicitors

Losing someone is hard enough without also having to navigate unfamiliar legal paperwork at the worst possible time. We offer both the legal guidance and the practical, hands-on support to get an estate administered properly — as the personal representative (the executor named in a will, or an administrator where there isn't one), you carry personal legal responsibility for getting this right, which is exactly where we can help.

What is probate, exactly?

Probate is the legal process of proving that a will is valid, and the "Grant of Probate" is the official document that gives the executor the legal authority to deal with the estate. If there's no will, the process is broadly the same but the document is called a Grant of Letters of Administration, and the person acting is called an administrator rather than an executor.

What does an estate administration solicitor do?

• Valuing the estate — identifying and valuing all assets (property, savings, investments, possessions) and liabilities
• Tracing debts and assets — including accounts, pensions and policies the family may not know about
• Keeping accounts — a clear, defensible record of every transaction, which beneficiaries are legally entitled to see
• Completing the Inheritance Tax return — required even where no tax is ultimately due
• Applying for the Grant of Probate (or Letters of Administration)
• Settling debts and taxes before any distribution takes place
• Distributing the estate to beneficiaries in line with the will, or the intestacy rules where there isn't one

The probate process, step by step

1. Initial arrangements — register the death, locate the will, arrange the funeral, and take steps to secure and care for the estate (property, valuables, pets)
2. Value the estate — get formal valuations for property and significant assets
3. Complete the Inheritance Tax return — required whether or not tax is due; see inheritance and tax planning for how the £325,000 threshold and 40% rate apply
4. Apply for the Grant of Probate (or Letters of Administration if there's no will)
5. Settle debts and taxes from the estate before any distribution
6. Distribute the estate to beneficiaries

Processing times vary, but a full estate administration typically takes six months to a year, depending on complexity and how quickly third parties (banks, HMRC, the Probate Registry) respond.

Do you always need to apply for probate?

Not always — small estates, or those held entirely in joint names (which pass automatically to the surviving joint owner), may not require a full grant. A solicitor can confirm quickly whether probate is needed in your case.

What if an estate's debts are greater than its assets?

This is called an "insolvent estate." There's a strict legal order in which debts must be paid, and getting it wrong can leave the personal representative personally liable — this is one of the most common reasons to get professional advice early rather than after a mistake has been made.

What happens if someone dies without making a will?

More than one in five people in the UK die intestate. Their estate is distributed according to fixed intestacy rules, which prioritise spouses, civil partners and blood relatives in a set order — unmarried partners, stepchildren and friends receive nothing, however close the relationship was in life. This is one of the strongest reasons to consider making a will now, however healthy you are.

Risks of administering an estate without guidance

Acting as an executor or administrator without legal support carries real personal risk: distributing money before all debts are known, miscalculating Inheritance Tax, or overlooking a beneficiary can leave you personally liable — even if the mistake was an honest one. A solicitor can act on your behalf, or simply guide you through it, so the legal risk doesn't fall on your shoulders alone.

Related Services

• Write or update a will Making a will
• Deal with an estate after a death (probate) Estate administration
• Appoint someone to manage your affairs in future Power of attorney
• Register or act under an LPA where capacity has already been lost Lasting power of attorney solicitors
• Apply to the Court of Protection for a deputy Court of Protection solicitors
• Reduce inheritance tax or plan for the future Inheritance and tax planning
• Protect assets for children, grandchildren or a vulnerable relative Trusts
• Challenge a will, or you think you’ve been left out unfairly Contesting a will or inheritance
• Get help specifically with a contested probate claim Wills & inheritance disputes solicitors