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Administering an estate?

Administering an estate can feel overwhelming, especially when dealing with legal requirements, asset collection, and debt settlement during a difficult time. At Anthony Gold Solicitors, we specialise in guiding executors and beneficiaries through the process with ease and efficiency.

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What does administering an estate involve?

Administering an estate involves several critical steps to ensure that the deceased person’s assets are distributed in accordance with their will—or the law, if there is no will. This process requires careful attention to legal and financial details, and can become complex depending on the circumstances. Below, we outline the key stages involved:

Stage 1: Identifying 7 valuing estate assets

All assets must be identified, documented, and valued. This includes bank accounts, property, investments, pensions, and personal possessions. Valuation is crucial for calculating inheritance tax (IHT), which must be paid before the estate is distributed.

Key challenges:

  • Complex assets like overseas property or business interests.
  • Uncovering hidden debts or liabilities during the process.

Stage 2: Obtaining the grant of probate

If the deceased left a will, the named executor(s) must apply for a grant of probate to gain legal authority to manage the estate. For cases where no will exists (intestacy), an administrator applies for letters of administration. This step formalises the executor or administrator’s role, allowing them to collect and manage the deceased’s assets legally.

Key challenges:

  • Missing documentation or incomplete wills.
  • Disputes among beneficiaries over the validity of the will.

Stage 3: Settling outstanding debts & liabilities

Executors are responsible for using estate funds to pay off any outstanding debts. These may include funeral costs, loans, mortgages, and taxes. If the estate lacks sufficient funds, debts are prioritised by legal rules, with lower-priority debts going unpaid.

Key challenges:

  • Estates with insufficient funds (insolvency).
  • Identifying all creditors and handling disputes over payments.

Stage 4: Completing legal obligations

Executors must submit accurate records to HMRC to settle any inheritance tax or capital gains tax. The estate may also need to file a final income tax return on behalf of the deceased.

Key challenges:

  • Errors in tax reporting, leading to potential penalties.
  • Managing deadlines and keeping beneficiaries informed.

Stage 5: Distributing the estate to beneficiaries

Once all debts and taxes are settled, the remaining assets can be distributed to the beneficiaries named in the will. For intestate estates, distribution follows a strict legal order (e.g., spouse, children, etc.).

Key challenges:

  • Disputes between beneficiaries about entitlement or fairness.
  • Delays caused by unresolved debts or complex assets.

The final distribution stage: Ensuring accuracy & beneficiary satisfaction

The final stage of estate administration—distributing assets to beneficiaries—is a critical moment that requires precision and attention to detail. This step is not just about fulfilling legal obligations; it’s about honouring the wishes of the deceased and ensuring fairness among beneficiaries.

Steps to final distribution

Before assets can be distributed, several key steps must be completed:

Step 1: Verification of debts & taxes

All outstanding debts, taxes, and liabilities must be paid in full. Executors must confirm that no further claims or obligations remain.

Step 2: Finalising estate accounts

A detailed account of the estate’s financial transactions must be prepared. This includes all income, expenses, and the remaining assets for distribution.

Step 3: Obtaining beneficiary approvals

Executors may need beneficiaries to approve the estate accounts before final distribution takes place. This ensures transparency and reduces the risk of disputes later.

Challenges during distribution

Even at this late stage, challenges can arise, such as:

  • Beneficiary disputes: Disagreements over entitlements or the fairness of distribution.
  • Unexpected claims: New debts or legal claims against the estate can delay distribution.
  • Complex asset division: Issues with dividing physical assets, such as property or valuable possessions, can create friction among beneficiaries.

Words from our clients

Anthony Gold Solicitors assisted me in obtaining a good outcome in respect of my late husband’s estate. They are very knowledgeable where wills and probate matters are concerned. They got the job done and we had a successful outcome. I would truly recommend to anyone looking for a solicitor to act on their behalf where wills are concerned.

Wills, Trusts and Estates Client

It is important acknowledge the support of Umar Shaikh in the settling of my late Aunt’s estate. He was extremely professional and empathic in his manner.

Wills, Trusts and Estates Client

Anthony Gold recently provided an excellent service dealing with my late mother’s estate very efficient and professional. I have used Anthony Gold for many years now and have always found them to provide an excellent service.

Wills, Trusts and Estates Client

Why choose Anthony Gold Solicitors for estate administration?

Administering an estate involves significant responsibility, legal precision, and time. Many executors and beneficiaries find it beneficial to rely on experienced solicitors to navigate the process smoothly. We provide professional support tailored to your needs, whether you appoint us as executors or require guidance while fulfilling the role yourself.

Expertise you can trust

Our experienced solicitors have a deep understanding of estate administration laws and procedures, ensuring every step is handled efficiently and in compliance with legal obligations. By appointing us, you can avoid the risks of personal liability that come with errors in tax filings, debt settlements, or beneficiary disputes.

How we help:

  • Acting as professional executors to manage the entire process on your behalf.
  • Offering tailored advice if you choose to act as an executor, empowering you to fulfil your role confidently.
  • Resolving complex issues such as insufficient estate funds, disputes among beneficiaries, or handling overseas assets.
  • Providing clear guidance on navigating legal deadlines and requirements, so nothing is missed.

Supporting you every step of the way

We understand that every estate is unique, and so are the challenges involved. Whether you need full support or just expert guidance, we are here to help you manage the process with confidence.

What we can do:

  • Help you understand your role as an executor, including your legal duties and responsibilities.
  • Assist with collecting and valuing estate assets, paying off debts, and ensuring the estate complies with all tax obligations.
  • Provide practical solutions for addressing disputes among beneficiaries or creditors.
  • Ensure that the estate is distributed efficiently and in accordance with the deceased’s wishes—or the rules of intestacy if no will exists.

We take a proactive approach to estate administration, keeping you informed at every stage. Our solicitors are always available to answer your questions and offer clarity when things become complex.

Reducing stress during a difficult time

emotional strain of losing a loved one. By working with Anthony Gold Solicitors, you can focus on grieving and supporting your family while we handle the practicalities.

Our commitment:

  • Clear communication and updates throughout the process, so you’re never in the dark.
  • Empathy and professionalism to guide you through challenges.
  • Ensuring the deceased’s wishes are respected and carried out accurately.

Speak to the team today

Meet the team

Meet our team of Solicitors who are experts in their field.

Joint Head of Department
Anna Sibbald

Joint Head of Department

Joint Head of Department
Grainne Feeney

Joint Head of Department

Senior Associate
Umar Shaikh

Senior Associate

Associate
Adele Harrison

Associate

Associate
Rachel Hyneman

Associate

Lawyer
Joanna Krauz

Lawyer

Lawyer
Lee-Marvin Tolentino

Lawyer

Trust & Tax Manager
Jeremy Crouch

Trust & Tax Manager

Paralegal
Conor Corder

Paralegal

Paralegal
Munzer Wehbe

Paralegal

Paralegal
Katy Corteel

Paralegal

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Administering an estate: FAQs

  • What does estate administration involve?

  • What’s the difference between probate and administration?

  • Who is entitled to administer an estate?

  • What is the role of an executor in estate administration?

  • Do I need a grant of probate to administer an estate?

What does estate administration involve?

Estate administration involves managing a deceased person’s assets, including obtaining probate, settling debts and taxes, and distributing the remaining estate to beneficiaries. This must be done in line with the will or intestacy laws if no will exists.

What’s the difference between probate and administration?

Probate is the process of validating a will and giving the named executor authority to manage the estate. Administration applies when there is no will, or the executor cannot act, and an administrator is appointed to manage the estate instead.

Who is entitled to administer an estate?

If a will exists, the named executor is entitled to manage the estate. Without a will, the law prioritises the deceased’s closest relatives, such as a spouse or children, to act as administrator.

What is the role of an executor in estate administration?

An executor is responsible for applying for probate, collecting assets, paying debts and taxes, and distributing the estate to beneficiaries. They must ensure the estate is handled legally and efficiently.

Do I need a grant of probate to administer an estate?

A grant of probate is usually required for estates with significant assets like property or large bank accounts. However, smaller estates or jointly owned assets may not need probate.

What does estate administration involve?

Estate administration involves managing a deceased person’s assets, including obtaining probate, settling debts and taxes, and distributing the remaining estate to beneficiaries. This must be done in line with the will or intestacy laws if no will exists.

What’s the difference between probate and administration?

Probate is the process of validating a will and giving the named executor authority to manage the estate. Administration applies when there is no will, or the executor cannot act, and an administrator is appointed to manage the estate instead.

Who is entitled to administer an estate?

If a will exists, the named executor is entitled to manage the estate. Without a will, the law prioritises the deceased’s closest relatives, such as a spouse or children, to act as administrator.

What is the role of an executor in estate administration?

An executor is responsible for applying for probate, collecting assets, paying debts and taxes, and distributing the estate to beneficiaries. They must ensure the estate is handled legally and efficiently.

Do I need a grant of probate to administer an estate?

A grant of probate is usually required for estates with significant assets like property or large bank accounts. However, smaller estates or jointly owned assets may not need probate.

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