Estate Administration
Estate Administration Lawyers
When someone dies, there begins a process of sorting out their assets, paying debts and taxes, and distributing what’s left according to the instructions left in the will. Our estate administration solicitors can guide you through the process.
“A full service team which punches above its weight – dealing with a range of UK and international clients, it is a great option for those who would prefer a non-central London firm.”
“Jan is highly regarded by other private client lawyers: honestly, she’s the lawyer other lawyers would choose to deal with their own affairs. She keenly identifies the issues to focus on and delivers.”
What is estate administration?
Estate administration is the process of winding up a person’s estate after they have died. Regardless of whether they made a will, administration must be performed after every death unless there are no assets or all pass by survivorship.
The process itself covers a wide range of tasks. It includes identifying and gathering the person’s assets, paying debts and taxes, preparing Inheritance Tax forms, and distributing the net assets to those entitled to them.
Who deals with estate administration?
If there is a will, then the person named as executor is responsible for administering the estate.
If there is no will, the court probate registry will appoint an administrator to deal with the estate administration. The rules of intestacy determine who should take on the administrator’s role. Usually, this will be the deceased’s spouse or civil partner, adult child or another close relative.
Executors and administrators have the same role and responsibilities; the only material difference is the name of the official probate documentation they receive and when they are able to start administering the estate. For executors, it is called a “Grant of Probate.” For administrators, it is called “Letters of Administration.”
Being named on the probate documentation gives the executor or administrator the legal authority to deal with the deceased’s estate. They can also appoint a professional, such as a solicitor or accountant, to help them handle some or all of the administration work.
- Related reading: What to Do When Someone Dies
- Related reading: What is an Independent Administrator?
What is involved in estate administration?
Every estate is different, and this makes it difficult to predict what could be involved. If you have been appointed as the estate’s administrator, as a minimum you will need to carry out the tasks set out below.
- Identifying the estate assets. Banks, financial institutions, pension companies, mortgage providers and so on will need to be contacted to find out what the deceased owned. You will also need to gather accurate date-of-death valuations.
- Preparing tax forms. You will need to identify whether the estate is taxable and calculate the amount of Inheritance Tax (IHT) due, if any. At least some IHT must be paid within six months of the date of death.
- Applying for probate. Probate is the process of proving that a will is valid and that the executor has the right to administer the estate. It usually is needed when the person who died owned property or significant assets in their sole name.
- Closing accounts. Once the Grant of Probate or Letters of Administration is received, it can be sent to banks, life insurance companies and anywhere else the deceased had an account or policy. This will enable you to close the accounts and collect the funds.
- Paying debts. Any debts or liabilities must be paid out of the estate funds. If there isn’t enough cash in the bank, then you must sell assets and property to pay the debts.
- Distributing assets. Finally, once all the liabilities have been paid, the estate can be distributed among those entitled to it. If you haven’t done so already, you will need to hire a solicitor to manage property transfers, deal with trusts and overseas assets and carry out other legal tasks relating to the estate.
- Finalising accounts and tax. Administrators are responsible for preparing full and final estate accounts and sharing these with the beneficiaries. You will also need to make any further IHT payments or reclaim any overpaid Inheritance Tax.
How long does it take to administer an estate?
It is impossible to say exactly how long it will take to administer an estate. It depends on how large and complex the estate is. If the estate includes a lot of assets, property, trusts, overseas assets or a complex tax situation, then it could take a year or longer.
- Related article: The Benefits of Early Inheritance Tax Planning
How Osbornes can help with estate administration
The role of an estate administrator should not be taken lightly. You have a duty to administer the estate correctly in accordance with the law and must always act in the best interests of the beneficiaries. You may be financially or personally liable if you don’t follow the correct procedures, and it’s easy to make mistakes.
At Osbornes, we understand this can be a difficult and emotional time, and we are here to help make things easier. We have solutions to support every family and can take on the entire administration process for you or provide guidance and advice when you need it. We will make sure the estate is administered efficiently and by the law, taking away much of the worry and stress of dealing with the administration process.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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Osbornes has a young and dynamic team that is really going places. They have a real passion for private client work with the ability to deliver great results.
They have a personable, sensible but commercial approach.
Osbornes has good clients and an extremely capable team of private client litigators. All of the partners are excellent and the trainees are also very helpful.
We'd like to thank all of you for your professionalism in helping us deal with everything for the past 17 months. Even though our choice of law firm at the beginning was random, we're glad we came to you. We're very grateful that you're on our side and fighting for what's rightfully belongs to us! We couldn't have had a better lawyer representing us and we appreciate you more than you can imagine.
Jan Atkinson is responsive, reliable, fair, knowledgeable, experienced in cross-border estates, and very professional.
A full service team which punches above its weight, dealing with a range of UK and international clients.
Very high standards of client care, efficient and very good collaboratively when working for clients in common with our firm.
Jenny Walsh is a full member of STEP and a key figure who specialises in non-contentious private client matters, often with a cross-border dimension.
The nimble team at Osbornes acts for trustees, executors, personal representatives, and other high-net-worth individuals.
Excellent team doing high-end work. Would always consider for referral and conflict work.
Jan Atkinson heads up the team and is a respected senior lawyer.
An ambitious team who work hard for their clients.
The calm and experienced Jan Atkinson is at the helm of the team.
Osbornes acts for a wide range of high-net-worth individuals, families, and trust companies in complex estate and trust litigation.
Osbornes has a practice which is big enough to take on substantial cases and small enough to retain a personal touch.
With a deep sense of gratitude, I want to thank you all for your diligent and comprehensive contributions and assistance in my legal travails.
I am sure you know how stressful legal proceedings can be for everyday laypersons like myself. Thankfully, you have been a bastion of support and reassurance during these trying months, and I struggle to find the right words to express my sincere gratitude.
Thank you from the bottom of my heart.
A private client team offering a range of services to assist with private client matters including trust and probate services. A friendly approach with a keen eye for detail.
I have been a client of this firm for a number of years and been impressed by particular individuals, the care and thoughtfulness with which they have worked.
An efficient firm which provides an excellent service at highly competitive charging rates.
The team receives a steady flow of instructions from high-net-worth individuals and families on an array of tax planning, wealth preservation, estate and succession planning issues
I think this firm has excellent strength and depth in this area, for both contentious and non-contentious work, and they can hold their own against any other firm.
I have found them to be incredibly knowledgeable and pragmatic in settling claims for their clients.
The contested estates team is strong with talented young solicitors doing good quality work
The nimble team acts for a broad range of high-net-worth individuals and families on a variety of complex estate and trust litigation.
Osbornes has a ‘strong private client department’ and ‘the firm seems to be going from strength to strength’.
Thank you for managing my case, following a complete fiasco before I contacted Osbornes Law. I know that the work involved was rather complicated, possibly frustrating and often time consuming. I was impressed with your current knowledge of the case when we had the first meeting at your office. I regard a face-to-face meeting as imperative in developing positive relationships. Members of your team, such as Alex and Ella were impressive too, with their efficient, friendly manner of working.
I am grateful for your patience, advice and excellent support at a difficult time. Hopefully it won't be necessary to contact you again regarding this matter! I will definitely use Osbornes Law in the future."Jan Atkinson, with her steely, steady, calming presence, instils confidence in the most highly-strung of us clients. With her masterful knowledge of the law, old and new, and its application, Jan can navigate through the most complex of cases to a successful end."
"I find Osbornes’ client-friendly approach welcoming and refreshing"
"A medium-sized London firm dealing with big litigation and doing it extremely well because of a depth of expertise and experience."
My family had the pleasure of Jan Atkinson working with us on the will and probate issues of [my mother's] estate in Camden and Ireland after she passed on last year. Jan and her assistant(s) offered us a fantastic service at a sad time.
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
The team is very caring, experienced and detailed and was clear about the next steps and offered very helpful advice and suggestions
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters
A small but formidable team, punching above its weight. Jan Atkinson is a seasoned pro. Approachable but no push-over
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Elspeth Neilson is very reliable and practical."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
"Service prompt and effective. I have absolute confidence in Maggie."
I am happy with the service that I got and would recommend you to other potential clients.
I found Osbornes always very helpful and efficient.
We are very pleased with the services of Osbornes. Highly professional and through with close attention to detail.
I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.
Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.
Thanks for all your work and explaining everything so clearly. For any legal matters in the future I would not hesitate in instructing Osbornes.
We have found your service to date as the most informative we have come across.
Jan Atkinson is confident with a straightforward approach. Her practice covers both contentious and non-contentious matters, including wealth planning and estate administration.
I would like to thank everyone in my case for the excellent job!
The Wills & Probate Team View the whole team
Jan Atkinson
Partner
Private ClientSuzanna Baker
Partner
Private ClientKatie de Swarte
Partner
Private ClientElspeth Neilson
Partner
Private ClientJenny Walsh
Partner
Private ClientFlorence Arbuthnott
Senior Associate
Private ClientLesley Boreham
Associate
Private ClientElla Coles
Paralegal
Private ClientJoseph Gunn
Associate
Private ClientRachel Hyneman
Senior Associate
Private ClientView the
whole team
