Probate & Estate Administration

Losing a loved one is never easy. Alongside dealing with grief, families are often faced with a range of legal and financial responsibilities that can feel overwhelming.

Whether you have been named as an executor in a Will or are responsible for administering the estate of someone who has died without a Will, obtaining probate and dealing with an estate can be a complex and time-consuming process.

At Eaton Smith Solicitors, our experienced Probate & Estate Administration team provides clear, practical advice and support to help executors and families navigate the process with confidence.

Our Probate team has many years of experience administering estates of all sizes and complexities and can help guide families through what can often feel like a complicated process.

What is Probate?

Probate is the legal process of administering a person's estate after they have died.

Where there is a valid Will, the executors may need to apply for a Grant of Probate before assets can be collected and distributed.

If there is no Will, or there is no executor willing or able to act, the estate is administered under the Rules of Intestacy and an application for Letters of Administration may be required.

The probate process can involve:

• Identifying assets and liabilities
• Valuing the estate
• Dealing with inheritance tax matters
• Applying for the appropriate grant
• Collecting assets
• Paying debts and liabilities
• Preparing estate accounts
• Distributing the estate to beneficiaries

Do All Estates Require Probate?

Not every estate requires probate.

Whether a Grant of Probate or Letters of Administration is needed will depend on the nature and value of the assets involved. Some organisations may release funds without a grant, whilst probate is often required where property is owned solely by the deceased.

We can advise on whether probate is required in your particular circumstances.

Flexible Support for Executors

Every estate is different. Some executors prefer to deal with the administration themselves and seek guidance on specific aspects of the process, whilst others ask us to manage the entire administration on their behalf.

Whether you require assistance obtaining a Grant of Probate or would like full estate administration support, we can tailor our services to your needs.

How We Can Help

We can assist with all aspects of probate and estate administration, including:

• Obtaining Grants of Probate
• Obtaining Letters of Administration
• Verifying and valuing estate assets and liabilities
• Arranging valuations of property and other assets
• Settling the deceased's tax affairs
• Preparing inheritance tax documentation
• Calculating inheritance tax liabilities
• Advising on inheritance tax reliefs and potential savings
• Paying debts and liabilities
• Collecting and closing accounts
• Preparing estate accounts
• Distributing assets to beneficiaries
• Setting up trusts arising under a Will
• Advising on and assisting with property sales and transfers

Our aim is to reduce the administrative burden on executors and families whilst ensuring the estate is administered correctly and efficiently.

Responsibilities of an Executor

Acting as an executor can be both an honour and a significant responsibility.

Executors are responsible for:

• Identifying and valuing estate assets
• Paying debts and liabilities
• Managing estate funds
• Preparing documentation and tax returns where required
• Distributing assets correctly
• Acting in the best interests of beneficiaries

Mistakes can sometimes result in personal liability, which is why many executors choose to seek professional legal advice.

What Happens If There Is No Will?

When someone dies without a valid Will, they are said to have died intestate.

In these circumstances, the estate is distributed according to the Rules of Intestacy rather than the deceased's personal wishes. This can sometimes produce unexpected outcomes, particularly where unmarried partners, blended families or estranged relatives are involved.

Our team can advise administrators throughout the process and help ensure the estate is dealt with correctly.

Additional Support for Complex Estates

Some estates require specialist advice and additional administration.

We can also assist with:

• Outstanding tax returns
• Deeds of Variation
• Business assets
• Agricultural assets
• Foreign assets
• Property sales and transfers
• Trust creation and administration
• High-value and complex estates

Why Choose Eaton Smith?

Our Private Client team provides compassionate, practical and straightforward advice at what can be a difficult time.

We can help you:

• Understand your responsibilities
• Navigate the probate process
• Avoid unnecessary delays
• Deal with complex estates
• Ensure the estate is administered correctly
• Reduce the burden placed on executors and families

We understand that every family and every estate is different, and we tailor our support accordingly.

Related Services

You may also require advice regarding:

• Wills, Trusts & Estate Planning
• Lasting Powers of Attorney
• Protecting Your Compensation
• Inheritance Tax Planning

FAQs

What is probate?
Probate is the legal process of administering someone's estate after they have died, including collecting assets, paying debts and distributing inheritances.

Do all estates require probate?
No. Whether probate is required depends on the type and value of the assets owned by the deceased.

How long does probate take?
Every estate is different. Timescales can vary depending on the complexity of the estate, the assets involved and whether inheritance tax issues need to be addressed.

What does an executor do?
An executor is responsible for administering the estate, including dealing with assets, liabilities and distributions to beneficiaries.

What happens if there is no Will?
The estate will be distributed according to the Rules of Intestacy, which may not reflect the deceased's wishes.

Can I deal with probate myself?
Yes. However, probate can be time-consuming and complex, particularly where property, inheritance tax, business interests or foreign assets are involved. Many executors choose to seek professional support.

What is the difference between a Grant of Probate and Letters of Administration?
A Grant of Probate is obtained where there is a valid Will and executors have been appointed. Letters of Administration are generally required where there is no Will or no executor is able or willing to act.

How much does probate cost?
The cost will depend on the size and complexity of the estate and the level of assistance required. We will discuss your circumstances and provide clear information about likely costs at the outset.

Speak to Our Probate Team

Whether you require assistance obtaining probate, administering an estate or understanding your responsibilities as an executor, Eaton Smith's Probate & Estate Administration team is here to help.

Contact us today to discuss your circumstances and how we can assist.