Probate & Estate Administration Solicitors

Probate & Estate Administration Solicitors

Dealing with an estate can feel overwhelming, but you do not have to manage it alone

Dealing with the estate of someone who has died can feel overwhelming, especially when you are also grieving.

There may be property to deal with, bank accounts to close, bills to pay, debts to settle, tax forms to complete and beneficiaries to update. If you have been named as an executor in a Will, you may also be unsure what your role involves or where to start.

Probate and estate administration can feel complicated, but you do not have to deal with it alone.

At Watkins Solicitors, our Probate and Estate Administration team provides clear, practical and supportive advice to help executors, administrators and families deal with estates as smoothly as possible.

We advise clients across England and Wales, with offices in Bristol, Bath and Hereford. As a multi-award-winning law firm founded in 1998, Watkins Solicitors has built a strong reputation for providing clear, practical and supportive advice to individuals and families.

To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.

Clear advice

Plain English guidance on probate, executor duties, property, tax and beneficiaries.

Support at a difficult time

A calm and practical approach while you are dealing with bereavement.

Established since 1998

An experienced, multi-award-winning law firm supporting individuals and families.

England and Wales

Advice for clients nationwide, with offices in Bristol, Bath and Hereford.

What Is Probate?

Probate is the legal authority to deal with someone’s estate after they have died.

What the estate may include

A person’s estate may include their money, property, possessions, savings, investments and other assets.

People often use the word probate to describe the wider process of collecting assets, paying debts and distributing what remains to the people entitled to inherit.

Grant of Probate or Letters of Administration

If there is a valid Will, the people named as executors usually apply for a Grant of Probate.

If there is no Will, the person dealing with the estate may need to apply for Letters of Administration instead.

What Is Estate Administration?

Estate administration is the process of dealing with everything that needs to happen after someone dies.

Initial and legal steps

  • Registering the death
  • Locating the Will
  • Identifying executors or administrators
  • Valuing the estate
  • Contacting banks, pension providers and other organisations
  • Checking whether Inheritance Tax is payable

Administering and distributing the estate

  • Applying for probate, if needed
  • Collecting in assets
  • Paying debts and expenses
  • Dealing with property
  • Preparing estate accounts
  • Distributing the estate to beneficiaries

Some estates are straightforward. Others can be more complicated, particularly where there is property, Inheritance Tax, family disagreement, missing beneficiaries, business assets, foreign assets or no Will.

When Is Probate Needed?

Probate is often needed before an executor or administrator can access, sell or transfer certain assets. The position depends on the assets in the estate and the requirements of the organisations involved.

Probate may be needed where

  • The person owned a property in their sole name
  • The person owned a share of property as tenants in common
  • There are significant savings or investments
  • Banks or financial institutions require probate before releasing funds
  • There are shares or investment portfolios
  • There are business interests
  • There is Inheritance Tax to deal with
  • A property needs to be sold

Probate may not always be needed

Probate may not be required where assets were jointly owned and pass automatically to the surviving owner, or where the estate is very small.

Each bank and financial organisation may have its own requirements, so the position should be checked carefully.

What Happens If There Is a Will or No Will?

Where there is a valid Will

The Will should name executors who are responsible for dealing with the estate and carrying out the wishes it contains.

This may include applying for probate, collecting assets, paying debts and distributing the estate to the named beneficiaries.

Being an executor is an important responsibility, but you do not have to manage everything alone.

Where there is no valid Will

Dying without a valid Will is known as dying intestate.

The law decides who is entitled to inherit, and administrators may need to apply for Letters of Administration.

This can be more complicated where there are unmarried partners, stepchildren, estranged family members, blended families or uncertainty about who is entitled to inherit.

Executor Duties and Support

Executors are responsible for dealing with the estate properly and in accordance with the Will and the law.

What executors must do

  • Finding the original Will
  • Identifying beneficiaries
  • Valuing the estate
  • Identifying debts and liabilities
  • Checking whether Inheritance Tax is payable
  • Applying for probate where needed
  • Collecting in assets
  • Paying funeral expenses, debts and taxes
  • Dealing with property
  • Keeping clear records
  • Preparing estate accounts
  • Distributing the estate correctly

Executors must act carefully and in the best interests of the estate and beneficiaries.

How we can support executors

  • Explaining your duties
  • Checking whether probate is needed
  • Helping value the estate
  • Advising on Inheritance Tax requirements
  • Preparing probate papers
  • Dealing with banks and financial organisations
  • Helping with property issues
  • Preparing estate accounts
  • Advising on debts and liabilities
  • Helping distribute the estate correctly
  • Dealing with difficult or complex issues

We can provide as much or as little support as needed, depending on the circumstances.

Executors can sometimes be personally responsible for mistakes

If mistakes are made, executors can sometimes be personally responsible. It is important to understand the role before taking steps or distributing money.

Collecting Assets, Paying Debts and Dealing with Organisations

Collecting Assets

Before an estate can be distributed, assets need to be identified, valued and collected.

  • Banks and building societies
  • Pension providers
  • Insurance companies
  • Investment providers
  • Mortgage lenders
  • Utility companies
  • HMRC
  • The Department for Work and Pensions
  • Employers
  • Share registrars
  • Property agents or conveyancers

This may also involve personal possessions, vehicles, business interests, digital assets or foreign assets.

Paying Debts and Expenses

Debts and expenses usually need to be paid before beneficiaries receive their inheritance.

  • Funeral expenses
  • Household bills
  • Credit cards or loans
  • Mortgages
  • Care fees
  • Tax liabilities
  • Professional fees
  • Estate administration expenses

Distributing too early can cause difficulty if another debt later comes to light.

Banks and Financial Organisations

Organisations may ask for the death certificate, Will, executor identification and, where required, the Grant of Probate or Letters of Administration.

Different organisations have different rules about when funds will be released.

Dealing with Property

Property may need to be insured, secured, valued, transferred or sold.

  • Checking how the property is owned
  • Arranging insurance
  • Securing the property
  • Paying utility bills
  • Clearing personal possessions
  • Arranging valuations
  • Preparing the property for sale
  • Transferring ownership
  • Selling the property
  • Dealing with a mortgage

Where a property needs to be sold, probate may be required before the sale can complete.

HMRC and Inheritance Tax

The estate usually needs to be valued and the Inheritance Tax position considered before probate can be granted.

Not every estate pays Inheritance Tax, but information about assets, debts and lifetime gifts may still be needed.

Complex Tax and Asset Issues

Tax can be more complex where there is property, trusts, lifetime gifts, business or agricultural assets, foreign assets or estates passing between spouses or civil partners.

We can help executors understand what information may be needed.

Distributing the Estate, Estate Accounts, Timescales and Costs

Distributing the estate

Once assets have been collected, debts and expenses paid, and tax matters dealt with, the estate can usually be distributed.

If there is a Will, distribution should follow the Will. If there is no Will, the intestacy rules apply.

Executors and administrators should keep clear records of what has been received, paid and distributed.

Preparing estate accounts

  • Assets owned at the date of death
  • Money received during the administration
  • Debts and expenses paid
  • Tax paid
  • Legal or professional costs
  • Distributions to beneficiaries
  • Balances remaining

Estate accounts can help provide transparency for beneficiaries and reduce confusion or disagreement.

How long does probate and estate administration take?

There is no single timescale. It depends on the size and complexity of the estate, whether probate is needed, how quickly organisations respond, whether property is involved, whether tax is payable and whether disputes or complications arise.

A more complex estate may take longer where there is property to sell, Inheritance Tax, missing information, foreign assets, trusts, business assets or family disagreements.

Costs and fees

The cost will depend on the level of support needed and the complexity of the estate. Some clients need advice on a specific part of the process, while others ask us to deal with the full administration.

We can discuss costs at the outset and explain whether a fixed fee or clear costs estimate may be available for a straightforward matter.

Factors that may affect costs

  • Whether there is a valid Will
  • Whether probate is needed
  • The number and type of assets
  • Whether property is involved
  • Whether Inheritance Tax is payable
  • Whether there are multiple beneficiaries
  • Whether there are missing beneficiaries
  • Whether there are family disagreements
  • Whether foreign assets or business assets are involved
  • Whether estate accounts are required

Early advice can help reduce the risk of delay, mistakes or disputes, particularly where:

Will, beneficiaries and family issues

  • There is no Will
  • The Will is unclear
  • There are questions about who should apply for probate
  • There are family disagreements
  • A beneficiary is vulnerable or under 18
  • There are missing beneficiaries
  • There is property to sell or transfer

Assets, tax, debts and disputes

  • There are business or farming assets
  • There are foreign assets
  • Inheritance Tax may be payable
  • The estate is insolvent or debts are unclear
  • There are concerns about lifetime gifts
  • There are questions about trusts
  • Someone is challenging the Will
  • Executors are unsure about their duties

Need help dealing with an estate?

Our team can explain whether probate is needed, help you understand your duties and provide support with assets, debts, property, tax, estate accounts and distributions.

Helping Families Across England and Wales

Watkins Solicitors advises individuals and families across England and Wales, with offices in Bristol, Bath and Hereford.

We understand that probate and estate administration often come at a very difficult time. Our approach is calm, clear and practical.

We take the time to understand the estate, explain your responsibilities in plain English and help you move through the process step by step.

Whether you are an executor, administrator, beneficiary or family member trying to understand what needs to happen next, our team can help.

Why Choose Watkins Solicitors?

Watkins Solicitors is a multi-award-winning law firm with more than 50 staff across offices in Bristol, Bath and Hereford. Founded in 1998, the firm has built a strong reputation for clear, practical and client-focused advice.

Probate and estate administration are about much more than paperwork. They are about supporting families through bereavement, helping executors understand their responsibilities and making sure estates are dealt with properly and sensitively.

We provide supportive advice tailored to your circumstances, helping you move forward with confidence at a difficult time.

How the Process Works

We will guide you through each stage and explain what is needed in clear, practical terms.

1

Initial enquiry

Contact us by phone or email. We will take some initial details and discuss the support you need.

2

Understanding the estate

We will discuss the Will, family, assets, debts, property, tax and any concerns.

3

Clear advice

We will explain whether probate is needed, who can apply and the likely steps.

4

Valuing the estate

We can help identify and value assets and gather information from relevant organisations.

5

Applying for probate

Where probate is needed, we can prepare and submit the application and supporting information.

6

Administering the estate

We can collect assets, pay debts, deal with property, prepare accounts and distribute the estate.

Frequently Asked Questions

Select any question below to read the answer. More than one answer can remain open at the same time.

Probate is the legal authority to deal with someone’s property, money and possessions after they have died.

No. Whether probate is needed depends on the assets in the estate and the requirements of banks, financial organisations and other institutions.

If there is a valid Will, the executors named in the Will usually apply for a Grant of Probate.

If there is no valid Will, the estate is dealt with under the intestacy rules and the person dealing with the estate may need to apply for Letters of Administration.

An executor deals with the estate after death. This may include valuing assets, applying for probate, paying debts, dealing with property and distributing the estate.

Executors have important legal duties. If mistakes are made, they can sometimes be personally responsible, so it is sensible to take advice if you are unsure.

Not always, but legal advice can be helpful where the estate includes property, tax, multiple beneficiaries, missing information, family disagreements or anything complex.

Timescales vary depending on the estate, whether probate is needed, whether tax is payable, whether property is involved and how quickly organisations respond.

Assets may include bank accounts, savings, investments, property, personal possessions, vehicles, business interests, pensions, insurance policies and other financial assets.

Debts may include funeral expenses, household bills, mortgages, loans, credit cards, care fees, tax and other estate expenses.

This depends on how the property was owned and what the Will or intestacy rules say. Property may need to be sold, transferred or managed as part of the estate.

Executors may need to value the estate and consider whether Inheritance Tax information needs to be reported to HMRC.

Beneficiaries usually receive their inheritance after assets have been collected, debts and expenses paid, tax dealt with and the estate is ready to be distributed.

Estate accounts record the assets, money received, debts paid, expenses and distributions made to beneficiaries.

The cost will depend on the complexity of the estate and the level of support needed. We can discuss this with you at the outset so you understand the likely costs before proceeding.

Contact Our Probate and Estate Administration Solicitors

If you need advice about probate, estate administration, applying for a Grant of Probate, dealing with banks or property, or understanding your duties as an executor, please contact our friendly team.

We advise clients across England and Wales, with offices in Bristol, Bath and Hereford.

Independent Client Reviews

Read verified reviews from people who have used Watkins Solicitors.

 

 

 
  • Tony Calwell
      • View profile
  • Valerie Douglas
      • View profile