After the death of a loved one, ensuring their wishes are met and all legal procedures are followed can be overwhelming. If you have been appointed as an executor in a Will (the person or persons legally responsible for managing the deceased’s estate), knowing where to start can feel even more daunting during such a difficult time.
We regularly assist executors and families across Cleveleys, Blackpool and the Fylde Coast with probate and estate administration. In this blog, our probate team provides some basic information on the essential tasks an executor must undertake. We also answer a few frequently asked questions about the estate administration process.
Executor of a Will: Stages of Probate
Below is a checklist to help you understand your responsibilities and the tasks that are typically required during the probate process.
Before you start: Do you need a Grant of Probate?
A Grant of Probate is a formal document issued by the court to the executors, confirming their authority to deal with the estate. Although ‘probate’ is often used to describe the general process of dealing with a deceased’s estate, the actual process will depend on whether the deceased left a Will.
If the deceased died intestate (without a Will), there are no executors named in the Will, or the executors cannot or are unwilling to act, the personal representatives will need to apply for Letters of Administration.
Before applying for a Grant of Probate, you must check that it is necessary and that you are eligible to apply.
As an executor, some of your key responsibilities will then include:
Before applying for probate:
Obtaining a copy of the death certificate and the most recent version of the Will. You will need to create copies to refer to and to show banks, building societies, and other institutions as required.
If the deceased left instructions for their funeral in the Will, these wishes are not legally binding but are usually followed, and it is the executor’s responsibility to ensure they are carried out where possible.
As an executor, you will also need to estimate the estate’s value to determine whether you need to apply for a Grant of Probate and whether there is any Inheritance Tax (IHT) to pay. The timeline for applying for probate may depend on whether IHT is payable and whether HMRC forms must be submitted first. Guidance is available on GOV.UK: How Inheritance Tax Works: thresholds, rules and allowances.
No two estates are ever the same, which is why the financial organisations the deceased dealt with, including their bank and mortgage provider, must be contacted to determine whether a Grant of Probate is required to access their assets. For example, to sell or transfer a property that is solely in the name of the deceased, a Grant of Probate will usually be required.
You should also notify utility providers, insurers and other financial institutions associated with the deceased to prevent unexpected bills or issues with policies.
After applying for a Grant of Probate (if required):
If necessary, executors must apply for a Grant of Probate or, where there is no valid Will, Letters of Administration. Executors are then responsible for estate administration tasks, including:
Collecting all assets from those holding the assets, such as banks, building societies, estate agents, National Savings and pension providers, by providing them with the Grant of Probate or Letters of Administration.
Paying all debts and liabilities of the estate, including mortgages, credit cards, utility bills and other outstanding sums.
Completing any required Inheritance Tax returns and paying any tax due.
Preparing the estate accounts, which show how the estate has been administered and distributed. These must be approved and signed by the executors.
Distributing the estate to the beneficiaries in accordance with the terms of the Will or, where there is no Will, in line with the rules of intestacy.
Please note that the above is a non-exhaustive list of common executor duties, and every estate is different. Estate administration can vary significantly depending on the circumstances and the assets involved. Although it is possible to apply for probate yourself via the GOV.UK website, many executors choose to seek advice from a qualified legal professional to ensure everything is handled correctly and to reduce the risk of delays or personal liability.
We understand that dealing with legal procedures can be overwhelming, particularly during an already stressful time. If you are dealing with probate matters in Cleveleys, Thornton-Cleveleys, Blackpool or the wider Fylde Coast, our team can support you throughout the process.
Protecting against personal liability
One of an executor’s key responsibilities is preserving and protecting the estate’s assets, which is particularly important where the deceased owned property. Executors should ensure that appropriate insurance is in place, notify the insurer of the death, and confirm that there is adequate cover if a property is unoccupied. In some cases, the policy may need to be updated so that it is held in the name of the executor or executors.
Executors can be personally liable if the estate is distributed before all known debts and liabilities have been settled. For this reason, it is often recommended that executors place statutory notices in the London Gazette and a local newspaper to protect against unknown creditors coming forward after distribution. Executors should also consider delaying distribution for a period of time, particularly where there is a risk of a claim being made against the estate by someone who has been excluded from the Will.
When is a Grant of Probate not needed?
If the person who died jointly owned land, property, shares or money as joint tenants, a Grant of Probate is not usually required, as those assets will normally pass automatically to the surviving joint owner or owners.
A Grant of Probate may also not be necessary if the deceased only held savings, depending on the value of those savings and the requirements of the organisation holding them.
What if there was no Will?
Letters of Administration can be applied for where there was no Will, the Will is invalid, or no executor was appointed. Where an estate is shared, it must be distributed in accordance with the rules of intestacy. This means the estate is divided according to statute, rather than the deceased’s wishes. In these circumstances, it is often advisable to seek legal advice.
The distribution of the estate will depend on whether the deceased was married or in a civil partnership, and whether they had children or other close relatives. For more information, please see our previous blog, What Happens When Someone Dies Without a Will?
If your loved one died without a Will, or if you are unsure whether a Grant of Probate is required, our probate team can assist and guide you through the process.
How MJV Solicitors Can Help
At MJV Solicitors, our experienced probate team understands how difficult it can be to deal with the loss of a loved one, and how daunting it can feel to be appointed as an executor.
We can guide you through the estate administration process, including applying for a Grant of Probate or Letters of Administration, and ensure the estate is administered correctly and efficiently. Whether the deceased left a Will or died intestate, we will help you navigate the process with clarity and care.
Accessible Fixed Fee Probate and Estate Administration Services
We understand that clients often have concerns about legal costs. We offer fixed fees for many probate and estate administration services and will always explain costs clearly at the outset so there are no surprises. Further details are available in our Probate Price Guide.
We also appreciate that clients may not always be able to attend our offices during traditional working hours. Where possible, we can arrange meetings at a time and place that is convenient for you.
If you would like to ensure your own affairs are in order, our Will Writing team can assist with preparing a professionally drafted Will that reflects your wishes and protects your loved ones.
We are regulated by the Solicitors Regulation Authority (SRA), meaning our firm and solicitors are subject to strict regulatory standards, giving you confidence that your Will and any probate services are handled with care and professionalism.
Probate Solicitors in Cleveleys, Blackpool and across the Fylde Coast
MJV Solicitors provides probate and Will writing services across the Fylde Coast. With offices in Thornton-Cleveleys and Blackpool, we regularly assist clients in Fleetwood, Thornton-Cleveleys, Bispham, Blackpool, Poulton-le-Fylde, Lytham St Annes and surrounding areas.
To speak to a member of our team for a free, no-obligation discussion, please complete our enquiry form or contact us by calling 01253 858231 or emailing info@mjvlaw.co.uk
This blog post is not intended to be taken as legal advice or acted upon. If you require advice tailored to your circumstances, please contact our solicitors.
