A Grant of Probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will) is the legal order issued by the court to enable the executor or administrator to administer the estate in accordance with the Will or Rules of Intestacy.

When is probate required?

If the deceased owned a property in their sole name or as tenants-in-common, or held assets with financial institutions typically worth £5,000 or more although some banks and building societies increase their individual thresholds. Probate enables them to close bank accounts, sell shares and sign sale contracts or transfer documents for property.

How long does it take to get probate?

Once the value of the assets and liabilities of the estate are known, the application for probate can be made. If the estate only requires the shorter IHT205 HMRC form, it can be sent direct to the probate court and the grant is usually issued in 3-4 weeks, although there may be delays. If the full IHT400 HMRC form is required, this together with any initial inheritance tax due must be sent to HMRC first and a receipt obtained which can add a further 4-5 weeks onto the timescale.

When does the administration period of an estate end?

The administration period takes place from the date of the individual’s death and ends once all assets have been distributed and everything has been paid out.

Can an administrator of an estate be a beneficiary?

Yes, the administrator of an estate can also be a beneficiary and this is often a common occurrence. This usually happens when the administrator is a close relative like a spouse or child.

Can an administrator of an estate sell property?

An administrator does not have legal authority to sell a property unless the Grant of Probate has been issued.

Can there be more than one administrator of an estate?

Only one administrator of estate is required but up to four people can be appointed.

What is the difference between an executor and administrator of estate?

Executors are appointed under a Will and will need to obtain a Grant of Probate, whereas administrators are appointed in line with the Rules of Intestacy when there is no Will.

Home / Expertise / Services for individuals / Probate and estate administration

Probate and estate administration

Pricing transparency FAQs Contact us Our People

Losing someone close is a difficult and emotional time. Navigating the legal process of applying for Letters of Administration or probate can feel overwhelming, especially if it’s your first time. Our expert estate administration solicitors are here to guide you through every step, providing clear, compassionate support.

Whether you need help managing a simple estate or a complex one involving multiple assets, our team can take care of the entire probate process or assist you with specific tasks, depending on your preferences. We handle all necessary legal paperwork, including submitting probate applications and Inheritance Tax forms, ensuring compliance and correct tax payment.

If your loved one died without a Will, our probate specialists can provide tailored advice to help you apply for Letters of Administration and administer the estate smoothly.

Our experienced team is ranked in the 2024 edition of the Chambers High Net Worth Guide.

Need advice?

CLICK HERE TO GET IN TOUCH WITH US

Tailored advice and efficient estate administration

Our dedicated team understands that no two estates are the same. Once we’ve spoken with you and understand the work involved, we’ll recommend the most appropriate level of support and provide a clear plan, along with a fee estimate in advance.

As we advise on probate and estate administration matters every day, we are well equipped to deal with a wide range of scenarios from straightforward estates to those with more complex legal or tax considerations. We work efficiently to ensure the estate progresses smoothly and without unnecessary delay.

Further information

What happens to an estate with a Will? >

What happens to an estate when there is no Will? >

What is a Letter of Administration? >

What can an administrator of an estate do? >

How to be appointed administrator of an estate >

How to become an administrator of an estate >

Capital Gains Tax >

What happens to an estate with a Will?

When an individual dies and has a Will, their estate will be distributed according to their wishes.

The Executor will be named in the Will and will be required to administer the estate in line with the terms of the Will. Executors can be a close relative, someone you have known and trusted for a long time or a professional, like a solicitor. At Wright Hassall, our Estate Administration Solicitors are here to help you properly administer an estate in line with an individual’s wishes. Get in touch with us today to see how we can help you.

What happens to an estate if there is no Will?

An individual’s estate is administered according to the rules of Intestacy if they die without a Will. This means that a complex set of rules will decide who is allowed to administer the deceased’s estate and who inherits it.

The first £322,000 of the estate will be inherited by the deceased’s spouse and the remainder of the estate will be distributed to children, grandchildren or great grandchildren. If the person has no living relatives, the estate will go to the Government or the Crown.

What is a Letter of Administration for an estate?

Similar to a Grant of Probate, a Letter of Administration is issued by the Court and allows the named individual to administer the estate when the deceased did not leave a Will.

Do I need Letters of Administration for a small estate?

Generally speaking, if an estate is valued at below £5,000, Letters of Administration and a Grant of Probate aren’t normally needed. Whether a Court issued document is required will depend on whether the deceased’s banks or asset holders request sight of the document.

What can an administrator of an estate do?

The administrator of an estate is responsible for the deceased person's assets. This could include their money, property and possessions. They will be responsible from the moment the Court grants them the relevant authority until all assets have been distributed to the beneficiaries. Other responsibilities might include:

Gathering financial information
Securing property and post
Calculating debts and valuing the estate
Notifying creditors and beneficiaries

If you’re looking for an estate administration lawyer to help you administer an estate, get in touch with us today to see how we can help.

How to be appointed as the administrator of an estate

Whether you can be appointed as the Administrator of an estate will depend on your relation to the deceased. The following people are most likely to be appointed as the Administrator of Estate:

Spouses or civil partners
Children aged 18 or over
Grandchildren
Parents
Siblings
Nephews and nieces
Other relatives

How to become an administrator of an estate

The process you will need to follow will largely depend on the circumstances at the date of death and the rules in force, in most cases you will need to:

Speak to a probate specialist about the valuation and details of the estate
Complete various forms
Provide relevant documents, such as the official death certificate, inheritance forms and application fee
Most applications are submitted online but certain applications where the circumstances are more complex will need to be sent to the Courts in the post
If your application is approved you will receive your Grant of Letters of Administration in the post within 14 – 16 weeks

Will the estate have to pay Capital Gains Tax?

Capital Gains Tax (CGT) may need to be paid if you sell shares, investments or property that belong to the estate. This will depend on whether:

They have gone up in value since the individual's death
They’ve gone up in value since being valued for Inheritance Tax

Pricing transparency

Wright Hassall offer a range of fixed fee and time-based services depending on the activities required.

Pricing transparency

FIND OUT MORE HERE

FAQs

What is probate?

A Grant of Probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will) is the legal order issued by the court to enable the executor or administrator to administer the estate in accordance with the Will or Rules of Intestacy.
When is probate required?

If the deceased owned a property in their sole name or as tenants-in-common, or held assets with financial institutions typically worth £5,000 or more although some banks and building societies increase their individual thresholds. Probate enables them to close bank accounts, sell shares and sign sale contracts or transfer documents for property.
How long does it take to get probate?

Once the value of the assets and liabilities of the estate are known, the application for probate can be made. If the estate only requires the shorter IHT205 HMRC form, it can be sent direct to the probate court and the grant is usually issued in 3-4 weeks, although there may be delays. If the full IHT400 HMRC form is required, this together with any initial inheritance tax due must be sent to HMRC first and a receipt obtained which can add a further 4-5 weeks onto the timescale.
When does the administration period of an estate end?

The administration period takes place from the date of the individual’s death and ends once all assets have been distributed and everything has been paid out.
Can an administrator of an estate be a beneficiary?

Yes, the administrator of an estate can also be a beneficiary and this is often a common occurrence. This usually happens when the administrator is a close relative like a spouse or child.
Can an administrator of an estate sell property?

An administrator does not have legal authority to sell a property unless the Grant of Probate has been issued.
Can there be more than one administrator of an estate?

Only one administrator of estate is required but up to four people can be appointed.
What is the difference between an executor and administrator of estate?

Executors are appointed under a Will and will need to obtain a Grant of Probate, whereas administrators are appointed in line with the Rules of Intestacy when there is no Will.

Contact us

Name *

Email address *

Telephone number *

Details of your situation

Is there a Will or Grant or Probate?

Value of estate/trust if known?

Our people

Katy Atter

Trainee Solicitor

Michelle Harvey

Probate Executive

Hannah Lloyd

Associate

Richard Dundee

Partner

Wright Hassall are knowledgeable, skilled and confident lawyers who are working incredibly hard for their clients.

Chambers & Partners High Net Worth 2024

Related services

Wills and tax planning

Residential Property

Family and divorce

Recent articles

June 10th, 2025 Law Commission's 2025 Report: Modernising Wills Law

On 16 May 2025, the Law Commission published its long-awaited report, Modernising Wills Law, accompanied by a draft Bill...

Read article

January 17th, 2025 Part 2 | Richard Dundee & Sarah Wakeman Talk: How to Protect Someone Who is Vulnerable

The second part of our recent podcast between Sarah Wakeman, Fundraising and Business Development Manager at Carers Trus...

Read article

January 16th, 2025 Part 1 | Richard Dundee & Sarah Wakeman Talk: The Importance of a Lasting Power of Attorney

In this discussion, Sarah Wakeman of Carers Trust Heart of England speaks with Richard Dundee at Wright Hassall to demys...

Read article