Estate Administration After a Death

Estate administration is the process of dealing with a person’s money, property, possessions, debts and tax affairs after they have died.

What needs to be done will depend on the circumstances. Some estates are relatively straightforward while others may involve property, investments, Inheritance Tax, trusts or a number of beneficiaries.

Probate may form part of the estate administration process, but probate and estate administration are not the same thing and probate is not required for every estate.

What does estate administration involve?

What is the difference between probate and estate administration?

Probate usually refers to obtaining the legal authority needed to deal with someone’s estate.

If there is a will, the executors named in it may need to apply for a Grant of Probate. If there is no will, an eligible person may instead need to apply for Letters of Administration.

Estate administration is the wider process. It can include obtaining probate, but also involves identifying and valuing assets, dealing with debts and tax, closing or transferring accounts and distributing the estate to beneficiaries.

Do you always need probate when someone dies?

No. Probate is not required for every estate.

Whether it is needed can depend on what the person owned, how their assets were held and the requirements of the banks, building societies and other organisations involved.

For example, some jointly owned assets can pass automatically to the surviving owner. Banks and financial institutions also set their own limits for when they require a Grant of Probate or Letters of Administration.

If you are unsure, the organisations holding the assets can tell you whether they require probate before releasing them.

Who is responsible for administering an estate?

If there is a valid will, the executors named in the will are normally responsible for administering the estate.

If there is no valid will, the person with the legal right to deal with the estate under the intestacy rules may apply to become the administrator.

Executors and administrators are collectively often referred to as personal representatives.

Do I have to use a professional to administer an estate?

No. Executors and administrators can deal with an estate themselves.

Some people choose professional help because the estate is complex, because they are unfamiliar with the process or simply because they would prefer support at what can already be a difficult time.

Professional assistance can range from help obtaining the Grant of Probate to managing the full estate administration process.

Getting help with probate and estate administration

Douch Family Funeral Directors works in partnership with LB Legacy Estate Services, a local estate planning and probate provider based in Wimborne.

LB Legacy Estate Services can provide help with probate and estate administration, including a Grant Only Probate service for executors who would like professional assistance obtaining the Grant but intend to administer the remainder of the estate themselves.

They offer a free 30 minute, no obligation consultation to discuss your circumstances and the level of help you may need.

Find out more about our Wills and Probate Services in Dorset.

Please note: Douch Family Funeral Directors is acting as an introducer only. There is no obligation to use LB Legacy Estate Services and you are free to choose any solicitor, probate practitioner or other professional you prefer.

Frequently Asked Questions About Estate Administration

How long does estate administration take?

There is no fixed timescale. It depends on the complexity of the estate, whether probate is required, whether property needs to be sold, tax matters and whether there are any disputes or difficulties identifying assets or beneficiaries.

Can funeral costs be paid from the estate?

Yes. Reasonable funeral expenses can normally be paid from the estate. In many cases, a bank or building society may also be able to pay the funeral invoice directly from the account of the person who died before probate has been completed. The bank will usually require documents such as the death certificate and funeral invoice.

Can an estate be administered if there is no will?

Yes. If someone dies without a valid will, their estate is administered under the intestacy rules and an eligible person may apply for Letters of Administration.