A realistic, stage-by-stage guide to administering an estate in the UK — from the immediate steps after death to final distribution to beneficiaries.
Estate administration is the legal process of collecting, managing and distributing a deceased person's assets in accordance with their will or, where there is no will, the intestacy rules. In England and Wales, the process is overseen by the Probate Registry (part of HM Courts and Tribunals Service) and is governed by the Administration of Estates Act 1925 and the Trustee Act 1925.
The executor named in the will is responsible for administering the estate. Where there is no will, or where the named executor is unable or unwilling to act, an administrator is appointed — typically the deceased's closest living relative. Both executors and administrators must obtain a Grant of Representation (either a Grant of Probate or Letters of Administration) before they can deal with most estate assets.
The Probate Registry processes applications for Grants of Representation. Since 2020, applications can be made online through the MyHMCTS portal, though paper applications remain available. Processing times have varied significantly in recent years — the Registry currently takes between 8 and 16 weeks to process most applications, though complex estates or those requiring additional information can take longer.
The Grant of Probate (or Letters of Administration) is the document that gives the executor or administrator legal authority to deal with the estate. Without it, banks, financial institutions and the Land Registry will not release assets or register transfers of property. This is why obtaining the grant is a critical milestone in the estate administration process.
Inheritance tax (IHT) must be paid before the Probate Registry will issue the Grant of Probate — yet the executor cannot access most estate assets until the grant is issued. This creates a practical challenge for many estates. The solution is typically to pay IHT using funds from the estate's bank accounts (which banks will release directly to HMRC before probate), or by borrowing against the estate using a probate loan.
The current IHT nil-rate band is £325,000. Estates below this threshold (after deductions) pay no IHT. The residence nil-rate band (RNRB) provides an additional allowance of up to £175,000 where a residence is left to direct descendants. Married couples and civil partners can transfer unused nil-rate bands to the surviving partner, potentially doubling the threshold to £1 million.
Executors are personally liable for errors made in the administration of the estate. If an executor distributes assets to beneficiaries before all debts and taxes have been paid, and a creditor later comes forward, the executor may be required to repay the debt from their own funds. This is why placing a statutory advertisement in The Gazette is strongly recommended — it provides executors with protection against unknown creditors who fail to come forward within the specified period.
Executors are also required to keep accurate accounts of all transactions during the administration. Beneficiaries are entitled to see these accounts and can challenge distributions they believe are incorrect. Where disputes arise, the court has wide powers to supervise the administration and, in serious cases, to remove and replace the executor.
While there is no legal requirement to use a solicitor for estate administration, professional assistance is strongly recommended where the estate includes property, significant assets, inheritance tax, overseas assets, business interests, or any complexity. The cost of professional advice is almost always less than the cost of mistakes — and executors who make errors can face personal liability.
PDA Law offers a range of estate administration services — from full estate administration (where we handle everything) to targeted advice on specific issues. Our probate team is based in Chester and acts for clients across Cheshire, North Wales and throughout England and Wales. We offer a free initial consultation and clear, fixed-fee pricing for straightforward estates.
What happens at each stage of estate administration — and how long each stage typically takes.
These are the most common factors that extend the estate administration timeline beyond the typical range.
Adds 3–6 months for sale or transfer
Adds 4–8 weeks for IHT return and payment
Adds 6–18 months for foreign probate proceedings
Can add years if litigation is involved
Adds weeks to months to locate
Currently 8–16 weeks processing time
Adds 3–12 months for valuation and transfer
Can add 6–18 months if HMRC investigates the IHT return
Speak to a probate solicitor today. Compassionate, professional advice — costs explained clearly before any work begins.
No obligation — talk through your options first.
Free Confidential Enquiry
Complete the form below and our probate team will be in touch. No obligation — strictly confidential.
Explore Further
Related: Lasting Power of Attorney
Dealing with a loved one's estate often prompts people to put their own affairs in order. A Lasting Power of Attorney ensures someone you trust can manage your affairs if you ever lose capacity — avoiding the need for a costly Court of Protection application.
Related: Wills, Trusts & Estates
Probate is closely connected to will writing, trust planning and inheritance tax. Our wills, trusts and estates team can help you plan ahead — so that when the time comes, the administration of your estate is as straightforward as possible.