Estate Administration

At Clodes Solicitors, it is recognised that managing the estate of a loved one can be a complex and emotionally challenging process. The firm is committed to providing clear, practical guidance and support to make estate administration as straightforward and stress-free as possible.

The right to apply for probate depends on whether the deceased left a valid Will

Where a Will Exists:

The individuals appointed as executors in the Will are responsible for applying for a Grant of Probate. This legal document authorises the executors to administer the estate in accordance with the terms of the Will.

Where No Will Exists (Intestacy):

If the deceased did not leave a valid Will, the process is governed by the rules of intestacy. In such cases, an application for Letters of Administration must be made. Generally, the deceased’s spouse, civil partner, or children are entitled to apply.

Note: Unmarried partners or those not in a civil partnership are not entitled to apply for probate and may not have a claim on the estate.

If there is any uncertainty regarding entitlement or the administration process, it is advisable to seek professional guidance before taking any action.

Clodes Solicitors offers a comprehensive range of estate administration services tailored to the needs of each client, including:

Grant-Only Service:
Assistance with preparing and submitting the application for a Grant of Probate or Letters of Administration.

Full Estate Administration:
End-to-end management of the estate, including applying for the grant, collecting assets, settling liabilities, and distributing the estate to beneficiaries.

Services are available for estates of all sizes, including those subject to Inheritance Tax. Transparent information regarding fees and service options is available upon request.

[For further details on our services and pricing, please click here.]

Where an executor is unable to act (for example, due to death or incapacity), the Will should be reviewed to determine if substitute executors have been appointed. If the Will does not address this scenario, further legal advice should be sought to determine the appropriate course of action.

If there is a dispute regarding the validity of a Will or the entitlement to administer the estate, it is possible to challenge a probate application by entering a caveat before the grant is issued. This prevents probate from being granted until the dispute is resolved.

For advice on contesting a probate application or entering a caveat, please contact Clodes Solicitors on 02920 765050.

For further information or to discuss your specific circumstances, please contact the Wills and Probate team at Clodes Solicitors. The team is available to provide clear, practical advice and support throughout the estate administration process.