Where there is a Will in place, the executors named within it can apply to the Probate Registry for a “Grant of Probate”. This is a document that confirms the executors’ legal authority to deal with the estate.

If there is no Will, a relative can apply for a “Grant of Letters of Administration” instead. Both grants allow the Personal Representatives of the deceased to deal with assets as necessary.

Where the deceased made a valid Will appointing executors, a Grant of Probate may not be necessary. It will depend on the extent of the estate, and the types of assets involved. Generally, where significant amounts of money or a property forms part of the estate, a Grant will be needed. It is worth noting that some banks, building societies and other organisations may only be prepared to release small sums after seeing a copy of the death certificate alone.

When a person dies without leaving a Will, they are known to have died “intestate”. The Administration of Estates Act 1925 sets out who can apply for a “Grant of Letters of Administration” (the paperwork necessary to become the deceased’s Administrator).

The duties of an Administrator are broadly the same as those of an Executor. However, where a person passes away without a Will, the administration process will be more complex. The above legislation also dictates who will benefit from the deceased’s estate, and in what proportions. Broadly speaking, if there are no surviving children, grandchildren or great-grandchildren, the spouse will inherit everything. If there are surviving children, grandchildren or great-grandchildren, then the spouse will inherit all the deceased’s personal property and belongings, together with the first £270,000 of the estate and half of the remaining estate.

The deceased’s Personal Representatives are responsible for making sure that outstanding debts left by the deceased are paid before any monies are distributed to the beneficiaries. If the deceased’s assets are insufficient to cover the debts, the estate would be “insolvent” and special rules would then apply. An Executor can be held personally liable if assets in an estate are distributed before all debts have been paid.

Executors are the persons appointed in the Will to complete the administration of the estate. They are responsible for protecting a deceased person’s property until all debts and taxes have been paid, and to transfer what remains to those entitled under the Will.

Where there is no Will, the people who are responsible for the distribution of that person’s estate are usually their next of kin. They are called “Administrators” and their responsibilities are effectively the same as those of the Executors.

Both Executors and Administrators are known as “Personal Representatives”.

Someone’s estate is everything that they own. This includes their assets, whether real property or personal property, as well as their liabilities.

As an executor, you are personally liable to any beneficiaries or creditors if they lose out as a result of any mistakes that you may have made. Additionally, you must pay any fines, taxes or interest charged to the estate as a result of administrative errors. Liability is extensive, so it may be useful to obtain legal advice when acting.

There are many situations where it may be desirable to vary the deceased’s Will. In this situation, all of the beneficiaries affected would need to agree to the variation. If any affected beneficiaries are minors, or lack mental capacity, a court will need to approve the variation. If the estate is taxable, the variation must be registered with HMRC.

The Probate Registry Office will tell you if the Will is valid. If a Will has been properly signed and witnessed, things are most likely to be straightforward. You have no responsibility to investigate unless someone suggests that there is a problem.

This will vary from estate to estate, and will depend on many factors. These can include: whether there are properties that need to be sold; inheritance taxes to pay and if there are any disputes.

Most estates can be administered within 4-12 months, and in many cases interim payments to beneficiaries can be made.

Being an Executor can be a complex, and time-consuming process. It can rely on special legal knowledge, and there are many complications that may arise. Whilst it is possible for a lay-person to deal with the deceased’s estate without a professional’s help, it can often lead to delays and problems further down the line.

Using a professional would be recommended, or even essential if:

• There is inheritance tax payable
• Business or overseas assets are involved
• Minor beneficiaries are involved
• Trusts are involved
• The validity of the Will is in question
• The Will could be contested

If you’re in any doubt at all, seek professional advice.

It all depends on the value and complexity of the deceased person’s estate, and whether you use a legal professional. As a rule of thumb, administration costs are often between 1-5% of the value of the estate. These costs can be escalated rapidly where a Will is disputed.

Our Team at Dunham McCarthy, work with various specialists who can help and deal with everything. An indication of the likely costs would be provided at the outset, although as you will appreciate, unexpected problems can increase the costs as the administration progresses.

You can be held financially liable for any mistakes made, so careful consideration is required before attempting to deal with probate yourself.