Executors & Probate

Estates vary in complexity, and executors' duties can be a heavy burden, particularly after losing a loved one. 

If you want us to act as an executor, you have the option of appointing a solicitor to handle everything and administer the estate. The cost of legal advice is usually covered by the funds in an estate and is not the executor's responsibility personally.

Executor duties

If you are an executor, you are legally responsible for carrying out the instructions set out in a will and handling the estate's final affairs. 

Often people appoint a close friend or family member as an executor; however, the role comes with a lot of duties and responsibilities and should not be undertaken lightly.

The steps of estate administration can include:

• Applying for probate
• Collecting debts owed to the deceased
• Collecting monies belonging to the deceased from financial institutions
• Determining the value of assets
• Distributing the proceeds of the estate to beneficiaries
• Locating the will
• Lodging tax returns for the deceased and the estate
• Making sure any property and assets are safe and secure
• Organising the funeral
• Obtaining a copy of the death certificate
• Paying insurance policies, debts, and taxes
• Reporting to beneficiaries
• Selling properties and assets
• Setting up trusts
• Valuing the estate and reporting it to HMRC

What is probate?

Probate is a court order that is a formal recognition of the will's validity and permission from the High Court for the deceased's executors to carry out their duties related to the estate. 

You will likely need a grant of probate to deal with an estate's assets, such as selling property and obtaining bank funds.

What if there is no will?

This situation is referred to as intestacy, and the law determines how assets will be shared out after debts have been paid. If you are the next of kin or a relative, you can usually apply for authority to manage the estate.

Our wills and probate solicitors are here to help

We have wills and probate solicitors in London, Brighton, Bath, Eastbourne, Hastings, and Ulverston. Our team understands the challenges executors face and have the specialist knowledge and expertise to help you through the process.