When someone dies, a legal and administrative process is often required to manage their estate, including property, money, and possessions.
If there is a will, the executor may need a Grant of Probate to collect assets, settle liabilities, and distribute the estate.
We understand how difficult this can feel at an already distressing time.
Our probate solicitors assist executors and families throughout the probate and estate administration process, helping you handle matters efficiently, reduce stress, and avoid costly mistakes.
To speak to a solicitor, call 0207 936 6329 or email info@monangozzett.com.
Stages Of Probate
Most estates follow a clear set of steps, although timeframes vary depending on the complexity of the estate, the type of assets involved, and whether tax reporting is required.
Typical stages include:
- Identifying and securing assets, paperwork and liabilities
- Obtaining date of death valuations for property, accounts and investments
- Completing relevant HMRC reporting and dealing with any Inheritance Tax requirements
- Applying for the Grant of Probate (or Letters of Administration if there is no Will)
- Collecting in assets and closing accounts
- Paying debts and settling any tax due
- Preparing estate accounts
- Distributing the estate to beneficiaries
As a general guide, probate and estate administration can take around 9 to 12 months.
Probate may take longer if there is property to sell, overseas assets, complex tax issues, trouble tracing information, or an estate dispute.
If the estate involves potential Inheritance Tax issues, our Inheritance Tax solicitors can advise alongside the probate process.
Probate And Estate Administration: What Is The Difference?
Probate is the legal authority to deal with someone’s estate after they die.
If there is a will, this authority is usually granted through a Grant of Probate.
If there is no will, an administrator may need to apply for Letters of Administration.
Estate administration covers the practical and legal work involved in managing the estate.
This can include valuations, HMRC reporting, collecting assets, settling liabilities, preparing estate accounts and distributing to beneficiaries.
In other words, probate is often one key stage within the overall estate administration process.
Benefits Of Using Professional Probate Solicitors
Executors and administrators have legal duties and responsibilities to beneficiaries and, in some cases, to the Probate Registry and HMRC.
Probate can be time-consuming, especially if the estate includes property, many accounts, or complex reporting.
Professional probate solicitors can:
- Reduce the administrative burden at a difficult time
- Help you understand your duties and avoid common mistakes
- Keep the process organised, documented and transparent
- Support accurate HMRC reporting and tax compliance
- Manage communications with financial institutions and beneficiaries
- Progress matters efficiently, particularly where there are practical delays
In some circumstances, executors can be personally liable if errors are made.
Taking early advice can help reduce risk and prevent avoidable disputes.
Where there is a risk of challenge or disagreement, you may also need advice on estate disputes.
What Our Probate And Estate Administration Service Includes
We can provide a fully managed probate service or support you with specific tasks, depending on what you need.
Our probate solicitors commonly assist with:
- Advice for executors and administrators on duties, risks and next steps
- Tracing and securing assets and liabilities
- Instructing valuers and obtaining HMRC-compliant valuations
- Completing HMRC reporting and dealing with Inheritance Tax considerations
- Applying for the Grant of Probate or Letters of Administration
- Liaising with banks, investment providers, pension providers and other institutions
- Collecting assets, settling liabilities and preparing estate accounts
- Managing beneficiary communications and distributions
- Preparing Deeds of Variation where appropriate to adjust distributions
- Advising where a trust is involved in the estate
Fees And Costs
Probate solicitor fees can vary depending on the size and complexity of the estate, the types of assets involved and whether HMRC reporting is required.
Costs can also be affected where there is a property to sell, overseas assets to manage, difficulties tracing accounts, or a risk of dispute between beneficiaries.
At the outset, we will discuss the estate with you and confirm the most appropriate level of support.
We will then provide a clear estimate of costs based on the work required, and keep you informed if anything changes as the matter progresses.
If you would like more details, see our guide to probate costs and fees here.
Do You Need A Probate Solicitor?
It is possible to deal with probate yourself, particularly where the estate is straightforward.
However, many people choose to instruct probate solicitors where the process is more complex, or where they want to reduce stress and risk.
You may benefit from legal support if:
- The estate includes property, a business, significant investments or overseas assets
- Inheritance Tax may be payable, or the reporting is complex
- There are multiple beneficiaries, trusts or charity beneficiaries
- Accounts and assets are difficult to trace or access
- There is no Will, or the Will is unclear
- There is a dispute, or concerns about a potential claim against the estate
- You want to ensure distributions are accurate and properly recorded
If you are unsure whether you need help, we can discuss the estate and advise on a sensible level of support.
Why Choose Monan Gozzett?
At Monan Gozzett LLP, we guide clients through probate and estate administration with empathy and clear, practical advice. Our aim is to reduce the burden on executors and families while keeping matters moving and keeping you informed.
At the outset, we will establish:
- What you need help with and what you would like to handle yourself
- The likely complexity of the estate and key stages
- A realistic estimate of the timeframe
- A clear estimate of costs
We have particular experience in:
- Securing and tracing assets
- Instructing appropriate valuers to support HMRC reporting
- Managing Inheritance Tax reporting and liaising with HMRC
- Negotiating values with HMRC where appropriate
- Managing the expectations of beneficiaries, including enhanced requirements for charities
- Preparing Deeds of Variation to support tax and distribution outcomes where appropriate
If you would like help with probate or estate administration, please contact our Private Client team.
Probate And Estate Administration Services FAQs
A Grant of Probate is a legal document that confirms the executor’s authority to deal with the estate of someone who has died. Once issued, it can be used to access funds, sell assets and progress the administration of the estate.
If there is no Will, the estate is usually administered under the rules of intestacy. An eligible person may need to apply for Letters of Administration, which provides legal authority similar to a Grant of Probate.
Many estates take around 9 to 12 months, but timeframes vary. Delays can occur where there is property to sell, complex tax affairs, overseas assets, difficulty tracing information, or a dispute relating to the estate.
Not always. If the estate is straightforward, you may be able to manage it yourself. However, probate can be time-consuming and executors can be personally liable for mistakes. Probate solicitors can reduce risk and help you progress matters more efficiently.
Not always. Whether probate is required depends on the assets in the estate and the policies of the institutions holding them, not simply on whether a Will exists. Read more here.
If you need advice on making or updating a Will, our Will writing solicitors can help.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved