Probate and Estate Administration

Following a bereavement, there are a number of tasks to be considered and completed. This responsibility falls to the Executor(s) if there’s a Will or Administrator(s) if there is no Will (known as intestacy). Both roles have the same responsibility; to administer a person’s legal and tax affairs when they have passed away.
This process is known as estate administration which involves dealing with all their assets (such as property, shares and personal possessions), paying debts, paying any tax and transferring inheritance.
The role of Executor or Administrator can make an already difficult time even more stressful.
This is often why the person responsible will turn to a professional, such as a Will Writer, Solicitor or professional estate administration provider, to help them finalise the affairs of a loved one or friend.

The Value of Our Services

What is Probate?

Probate is the term given when applying to the probate court for the legal right to deal with someone’s assets and possessions (their estate) when they die.

What is Estate Administration?

After the grant of probate has been approved, the executors can then begin to draw in all assets, pay off any liabilities or testamentary expenses, and then distribute the assets in accordance with the wishes of the Will.

Who are Executors?

Executors are the people appointed in a Will to administer the estate after the person whose Will it is passed away.

Who should I appoint as Executors?

It’s practical to give this careful consideration. You need to choose people who are capable of being able to handle the process. Many people choose their spouse, partner or children. It’s not always wise to appoint someone who lives abroad and if you are appointing multiple children give consideration to whether they get on.

Also bear in mind that executors have legal responsibilities and can be found personally liable for any mistakes.

In some cases, it’s wise to appoint a professional executor but bear in mind that they will charge for their time. Where you would like to appoint us as a professional executor, we offer transparent fees but more importantly family bereavement support.

What happens if there is no Will?

If someone dies without a Will, this is known as dying ‘intestate’. As a result the personal representatives can apply for the letters of administration (not the grant of probate) to be able to deal with the estate. Once received, they can draw in the assets, pay any liabilities or expenses, and then distribute the estate. When no Will exists, the distribution will be done in accordance with the laws of intestacy. (perhaps include flowchart)

How can we help?

It’s not always practical to appoint a professional executor and if the estate is small and simple (not all are) your loved ones may be more than capable of handling your affairs. Where they may need help, we offer a couple of solutions:

Hand-holding service

We can guide your loved ones through the process and help them to make sure they discharge their duties properly. We understand how difficult it can be to deal with the loss of a loved one so this support can be very important.

Full Estate Administration

Where your loved ones feel unable to handle the stress of dealing with the tax paperwork, forms and with the courts, we can support them by dealing with everything. We essentially lift the weight from their shoulders and complete the estate administration for them.

Everything is always fully explained and guidance given before any decisions need to be made.

If you have any questions about probate or estate administration and would like to speak to one of our friendly probate advisors, simply give us a call.

Rest assured that we are here to help – check out our Google Reviews to see how we have supported other families.

Will Writing Berkshire
"The whole process was explained and followed through in a timely manner. Jamie was professional & informative throughout. I would have no problem in recommending Soteria Planning to others."

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Do you know what happens if you don't have a will in place?