When someone dies, one of the first questions for executors, administrators and beneficiaries is how and when the deceased person’s assets can be dealt with. In many cases, obtaining a Grant of Probate (or Letters of Administration where there is no valid Will) is a key step in the process.
Once an application has been submitted, the Probate Registry can take several weeks or even months to issue the Grant. During this period, those responsible for administering the estate are often left wondering what can and cannot be done in the meantime.
At Wolferstans, we understand how important it is to keep matters progressing during what is often a difficult and emotional period. While it is usually not possible to distribute the estate before probate has been granted, there are several important steps that can and should be taken while you wait.
Beth Woodhead, Associate and Solicitor comments:
“Many people assume that nothing can happen until probate has been granted. In reality, the period before the Grant is issued is often one of the most important stages of estate administration. Taking the right steps early can help protect assets, minimise delays and reduce the risk of future complications for executors and beneficiaries.”
What Is Probate and Why Is It Needed?
Probate is the legal process through which the authority of the executors named in a Will is formally recognised.
Where no valid Will exists, the court may issue Letters of Administration to the person entitled to administer the estate.
Financial institutions, buyers of property and other organisations often require evidence of this authority before assets can be transferred, sold or distributed.
Although the Grant is an important milestone, the administration of an estate begins from the date of death, which means executors and administrators have responsibilities long before the Grant arrives.
Paying Funeral Expenses
One of the first expenses to arise following a death is the funeral.
Fortunately, it is often possible to pay funeral costs before a Grant of Probate has been obtained. Many banks and building societies will release funds directly to a funeral director upon receipt of:
- The funeral invoice; and
- A copy of the death certificate.
Where family members have paid funeral costs personally, they should retain all receipts and records. These expenses can usually be reimbursed from the estate once sufficient funds become available.
Practical Tip
In our experience, keeping a clear record of every payment made on behalf of the estate from the outset can help avoid disputes and delays later in the administration process.
Protecting Estate Assets
Executors and administrators have a duty to preserve and protect estate assets from the date of death.
The fact that probate has not yet been granted does not mean that assets can be left unattended. In fact, failing to take reasonable steps to protect estate assets could potentially expose personal representatives to criticism or liability.
This may include:
- Securing any property;
- Ensuring suitable insurance remains in place;
- Redirecting post;
- Informing utility providers;
- Arranging maintenance for empty properties;
- Safeguarding valuable personal possessions; and
- Identifying and monitoring financial assets.
Why This Matters
From our experience, vacant properties are one of the most common sources of problems during estate administration. Insurance policies often contain special conditions when a property becomes unoccupied, meaning executors should review insurance arrangements as early as possible.
Gathering Financial Information
The waiting period can also be used to collect information about the deceased’s assets and liabilities.
This may involve contacting:
- Banks and building societies;
- Investment managers;
- Pension providers;
- Insurance companies;
- Mortgage lenders; and
- Utility providers.
Obtaining accurate financial information at an early stage can help executors understand the overall value of the estate and identify any issues that may affect administration.
Where Inheritance Tax reporting is required, gathering this information promptly can also reduce delays.
Placing Statutory Notices
Executors and administrators may wish to place statutory notices under Section 27 of the Trustee Act 1925.
These notices invite creditors or potential claimants to come forward within a specified period, usually two months from publication.
Why Are Statutory Notices Important?
A common misconception is that once an estate has been distributed, the executors’ responsibilities end. However, if an unknown creditor comes forward after distribution, the executors may face personal liability.
Placing statutory notices can provide important protection by limiting personal liability for debts that were not known about at the time the estate was administered.
Because the notice period itself takes time to expire, many solicitors recommend placing notices as early as possible.
Preparing for Property Sales
If the estate includes property, the waiting period can be used productively.
Although a sale cannot usually complete before the Grant has been issued, executors can often:
- Obtain valuations;
- Instruct estate agents;
- Prepare marketing materials;
- Deal with property maintenance issues; and
- Gather title documentation.
Starting these steps early can help reduce delays once the Grant becomes available.
Planning for Estate Distribution
Executors and administrators have a duty to identify and locate all beneficiaries.
While distributions will generally need to wait until the Grant has been issued and liabilities assessed, preparatory work can often be undertaken beforehand.
This may involve:
- Reviewing the Will;
- Identifying beneficiaries;
- Confirming contact details;
- Calculating proposed distributions;
- Establishing whether beneficiary identification checks are required; and
- Considering any trusts created by the Will.
Where an estate contains numerous beneficiaries or more complex assets, early preparation can significantly streamline the administration process.
Common Issues That Can Cause Delays
Every estate is different, but some factors commonly increase the time required to complete estate administration:
- Missing financial information;
- Difficulties locating beneficiaries;
- Property sales;
- Inheritance Tax queries;
- Overseas assets;
- Business interests;
- Family disputes; and
- Claims against the estate.
Identifying potential complications during the probate waiting period can help executors manage expectations and make informed decisions about next steps.
Final Thoughts
Waiting for probate can be frustrating for executors, administrators and beneficiaries alike. However, the period between submitting the application and receiving the Grant is rarely wasted time.
It provides an important opportunity to protect assets, investigate liabilities, gather information and prepare for the later stages of administration. Taking proactive steps during this period can help ensure that the estate is administered efficiently and with as few complications as possible.
How Wolferstans Can Help
Administering an estate can be time-consuming and complex, particularly where there are property sales, tax considerations, business assets, multiple beneficiaries or high-value estates involved.
Professional advice can help executors and administrators understand their duties, avoid costly mistakes and ensure that the estate administration progresses as smoothly as possible.
At Wolferstans, our experienced Wills and Probate Solicitors provide practical, compassionate advice tailored to the circumstances of each estate. Whether you need guidance on obtaining probate, administering an estate or managing executor responsibilities, our team can provide as much or as little support as you require.
If you would like advice regarding probate or estate administration, please contact our team to discuss how we can help.