Probate: A Guide for Executors - Phillips Solicitors

From the Wills and Probate Team at Phillips Solicitors

Being named as an Executor is an important responsibility. It often arises at a difficult emotional time, and many people have never administered an estate before. Understanding what Probate involves can help Executors approach the process with greater confidence and avoid unnecessary delays.

What Does Probate Mean?

Probate is the process of obtaining the legal authority needed to deal with a deceased person’s estate where that authority is required.

Where the deceased left a valid Will, the Probate Registry may issue a Grant of Probate, which provides evidence of the Executor’s authority to deal with assets held in the estate. This can allow Executors to collect funds, close accounts, sell or transfer property and ultimately distribute the estate to beneficiaries. Obtaining the Grant of Probate, however, is just the first step in administering an estate. We have divided our guide into two sections and this one deals mainly with the initial step of determining if you need a Grant and obtaining that Grant.

Is Probate Always Needed?

Not necessarily.

Whether Probate is required depends on several factors, including:

The type and value of the assets.
How assets are owned.
Whether property forms part of the estate.
The requirements of banks, building societies, investment providers, and other organisations.

Some jointly owned assets may pass automatically to the surviving owner without the need for Probate, although each organisation will have its own requirements.

What Information Will Be Needed?

Executors are usually required to gather information about the deceased’s finances and assets before determining whether a Probate application is necessary.

Commonly required information includes:

The original Will and any codicils.
The death certificate.
Details of bank and savings accounts.
Information relating to investments and pensions.
Property ownership and valuations.
Details of personal belongings of significant value.
Information about debts and liabilities.

The more organised this information is, the easier it is to assess what steps need to be taken and whether a Probate application is required. GOV.UK advises that the original Will is normally required when applying for Probate.

The Responsibilities of an Executor

Being an Executor involves more than obtaining a Grant of Probate.

Depending on the estate, responsibilities may include:

Identifying and valuing assets.
Securing property and belongings.
Paying debts and taxes.
Dealing with banks and financial institutions.
Keeping appropriate records and estate accounts.
Communicating with beneficiaries.
Distributing the estate in accordance with the Will.

Personal Representatives are responsible for the estate’s assets during the administration period and must ensure the estate is administered correctly.

When Should Executors Seek Advice?

Many estates can involve issues that are not immediately obvious. Professional advice may be particularly helpful where:

You are unsure whether Probate is required.
The estate includes property.
There are inheritance tax considerations.
Beneficiaries cannot easily be identified or located.
There are disputes between family members.
There are significant debts or liabilities.
You are concerned about your responsibilities as Executor.

Obtaining advice at an early stage can help avoid delays and reduce the risk of mistakes.

How Phillips Solicitors Can Help

Our Wills & Probate team can provide clear, practical guidance throughout the Probate process.

We can:

Advise whether Probate is required.
Assist with Probate applications.
Help gather and review estate information.
Advise Executors on their duties and responsibilities.
Assist with estate administration and distribution.
Provide support with as much or as little of the process as you require.

Our aim is to make the process as straightforward and manageable as possible during what is often a difficult time.

Contact Us

If you have been appointed as an Executor and are unsure what to do next, contact Phillips Solicitors to arrange an appointment with our Wills & Probate team.

Probate can feel overwhelming, but you do not have to manage the process alone.

You can contact us online or call 01623 658556 (option 4).

Useful links

GOV.UK – Applying for Probate: Official guidance explaining when Probate may be required and how applications are made.
GOV.UK – Dealing with the Estate of Someone Who Has Died: Guidance for Executors and Personal Representatives on their responsibilities when administering an estate.
STEP (Society of Trust and Estate Practitioners): Independent information on Probate, estate administration, and inheritance matters.
The Law Society: Information about obtaining legal advice and support with Probate matters.

This article is general information only and is not legal advice on any individual case. The correct advice will depend on the facts, documents, family circumstances, and capacity position.