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.
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 someones estate after they have died.
What the estate may include
A persons 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
ASSET
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.
DEBT
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.
BANK
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.
HOME
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
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.
TAX
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
When Legal Advice Is Particularly Important
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.
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.
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.
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.
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.
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.
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