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Probate

Estate Administration

Estate administration is the complete process of collecting, managing and distributing the assets of a deceased person’s estate. It begins at the point of death…

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Estate administration is the complete process of collecting, managing and distributing the assets of a deceased person’s estate. It begins at the point of death and ends only when the last asset has been distributed to the last beneficiary and the estate accounts have been signed off. At Curtis Legal, we offer a comprehensive estate administration service on a transparent fixed fee basis — you know exactly what it will cost before we begin.

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What Does Estate Administration Involve?

Estate administration covers every practical and legal step required to bring an estate to a close after someone dies. A full estate administration service typically includes:

  • Registering the death and obtaining death certificates
  • Notifying all relevant organisations — banks, HMRC, DWP, pension providers, insurers
  • Identifying and valuing all assets and liabilities
  • Preparing and submitting the inheritance tax return
  • Paying any inheritance tax due
  • Applying for the Grant of Probate or Letters of Administration
  • Collecting all assets — closing accounts, selling investments, transferring or selling property
  • Settling all debts, liabilities and outstanding bills
  • Advertising for creditors using a Section 27 notice
  • Preparing the estate accounts
  • Distributing the estate to the beneficiaries in accordance with the will or the intestacy rules

Estate administration can be straightforward or highly complex depending on the nature and size of the estate, the number of beneficiaries, and whether any disputes arise.


The Three Stages of Estate Administration

Pre-Grant Estate Administration

The first stage involves identifying and valuing all assets and liabilities of the estate, dealing with any immediate practical matters such as property security and insurance, completing the inheritance tax return, and making the application for the Grant to the Probate Registry.

Post-Grant Estate Administration

Once the Grant of Probate or Letters of Administration has been obtained, estate administration moves to the collection and realisation of assets. This includes closing bank accounts, transferring or selling property, encashing investments and collecting any income or dividends due to the estate up to the date of death.

Final Distribution

The final stage involves settling all outstanding liabilities, placing a Section 27 notice and waiting for the two-month creditor period to expire, preparing the estate accounts, and distributing the net estate to the beneficiaries in accordance with the will or the intestacy rules.


Estate Administration — Common Complications

While many estate administrations proceed smoothly, complications can arise that extend the process and increase the complexity of the estate administration work required. Common issues include:

  • Property that is difficult to value or sell — particularly in a slow market
  • Business interests requiring specialist valuation
  • Foreign assets subject to the laws of another country — known as cross-border estate administration
  • Debts that exceed the value of the estate — known as an insolvent estate
  • Missing beneficiaries or beneficiaries whose whereabouts are unknown
  • Disputed claims by beneficiaries or third parties
  • Inheritance tax disputes with HMRC following a formal enquiry

We have extensive experience handling complex estate administrations of all kinds and will advise you clearly on the most efficient way to resolve any complications that arise.


Our Fixed Fee Estate Administration Service

At Curtis Legal, we offer a transparent fixed fee estate administration service whenever possible. Our fees are agreed with you at the outset of the estate administration — there are no surprises, no unexpected invoices mid-administration, and no percentage charges based on the value of the estate. You will know exactly what our estate administration service will cost before we begin.

Our estate administration fees depend on the complexity of the estate:

  • Simple estate administration — no property, straightforward assets, no inheritance tax liability
  • Standard estate administration — property involved, moderate complexity, inheritance tax may apply
  • Complex estate administration — multiple properties, business interests, inheritance tax, potential disputed claims
Download Our Free Probate Guide

Plain-English guide written by Simon Jenkins — covering every stage of the probate process.


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Frequently Asked Questions About Estate Administration

How long does estate administration take?

A straightforward estate administration typically takes between six and twelve months. A more complex estate administration can take considerably longer — sometimes two years or more where property needs to be sold or disputes need to be resolved before distribution can take place.

Who is responsible for the estate administration?

The executor named in the will is responsible for the estate administration. Where there is no will, the administrator appointed under the intestacy rules carries out the estate administration instead. Both can instruct a solicitor to assist with some or all of the estate administration on their behalf.

What happens if there is not enough money to pay all the debts?

Where the estate is insolvent — meaning the debts exceed the assets — the estate administration must follow a strict order of priority for paying creditors set out in legislation. In these circumstances it is particularly important to take professional advice before distributing anything, as the executor could be personally liable for making payments in the wrong order.

Can estate administration be done without a solicitor?

Yes, though many executors choose to instruct a solicitor for peace of mind and to avoid personal liability. The estate administration involves legal, tax and accounting responsibilities that can be complex, and mistakes can have serious consequences for the executor personally.

Do I need estate administration if everything was jointly owned?

Jointly owned assets held as beneficial joint tenants typically pass automatically to the surviving owner outside of the estate administration process. However, other assets owned solely in the deceased’s name will still need to go through estate administration. We can advise you on what requires formal estate administration in your specific circumstances.


Speak to Simon Jenkins and the Team Today

If you need help with estate administration, call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.

Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.

Simon Jenkins Director Solicitor Curtis Legal
Written by Simon Jenkins
Director & Solicitor, Curtis Legal · SRA 167489

Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.

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