Managing an Estate After Someone Dies: A Practical Guide | NAFD Funeral Directory
Managing an Estate After Someone Dies: A Practical Guide
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Managing an Estate After Someone Dies: A Practical Guide

Last reviewed 16 min read NAFD Editorial Team NAFD Verified

A step-by-step guide to estate administration in the UK — covering executor responsibilities, probate, inheritance tax, selling property, and distributing assets to beneficiaries.

Key Takeaway

A step-by-step guide to estate administration in the UK — covering executor responsibilities, probate, inheritance tax, selling property, and distributing assets to beneficiaries.

Losing someone you love is hard enough without the weight of paperwork, legal processes, and financial decisions pressing down on you at the same time. Yet when someone dies, their estate — everything they owned, owed, and were owed — needs to be carefully administered before it can be passed on to the people they've left behind.

This guide walks you through every stage of estate administration in plain English, so you know what to expect, what's required of you legally, and where to turn for help when you need it.

What Is an Estate?

In legal terms, a person's estate is the total of everything they owned at the time of their death: property, savings, investments, personal possessions, life insurance policies (paid into the estate), and any money owed to them — minus any debts they had outstanding. Administering an estate means collecting those assets, settling the debts, paying any tax due, and distributing what remains to the beneficiaries named in the will (or, where there is no will, according to the rules of intestacy).

Who Is Responsible for Managing an Estate?

If There Is a Will: The Executor

If the person who died left a valid will, they will almost certainly have named one or more executors — the individuals legally responsible for carrying out the instructions in the will. Being named as an executor is an honour, but it carries real legal duties. You can be a beneficiary and an executor at the same time, which is common.

If you have been named as an executor and feel unable or unwilling to take on the role, you can formally renounce your appointment, as long as you haven't already begun acting in the role. A solicitor can advise you on this.

If There Is No Will: The Administrator

When someone dies without a will — known as dying intestate — there is no named executor. Instead, a close relative (usually the spouse, civil partner, or adult child of the deceased) can apply to become the administrator of the estate. Administrators have broadly the same responsibilities as executors, but they must follow the strict rules of intestacy rather than the wishes expressed in a will.

First Steps After Someone Dies: What to Do About Their Estate

Before estate administration can begin in earnest, there are several immediate steps to take. If you haven't already, it's worth leaning on an NAFD-accredited funeral director /find-a-funeral-director/ at this stage — they can often point you towards local support services and take the enormous burden of the funeral arrangements off your shoulders, freeing you to focus on legal and administrative matters. If you're trying to understand likely funeral costs alongside estate administration, our funeral cost calculator /funeral-cost-calculator/ can give you a realistic guide figure for your area.

What Is Probate and How Does It Work?

What Is Probate?

Probate (or, in Scotland, confirmation) is the legal process by which the court confirms that a will is valid and grants the executor the authority to deal with the estate. The document issued is called a Grant of Representation — specifically a Grant of Probate if there's a will, or Letters of Administration if there isn't.

Without this document, most banks, building societies, and the Land Registry will not release funds or allow property to be transferred.

Do You Always Need Probate?

Not always. Probate is typically not required when:

When in doubt, contact each institution individually — they will tell you whether they require a Grant of Representation before releasing funds.

How to Apply for Probate

  1. Complete the probate application form (PA1P if there's a will, PA1A if there isn't) — available from the Government's probate service or a solicitor.
  2. Complete the inheritance tax forms (even if no tax is due — see below).
  3. Send the original will, the death certificate, the completed forms, and the application fee to the Probate Registry. As of 2026, the fee is £300 for estates over £5,000 (no fee for smaller estates), plus £1.50 for each additional sealed copy of the grant.
  4. Once approved, you'll receive the Grant of Probate by post. The process typically takes between four and eight weeks if the application is straightforward.

Valuing the Estate

Before you can deal with inheritance tax or distribute assets, you must establish the total value of the estate at the date of death. This is known as the gross estate value.

What to Include

What to Deduct

The resulting figure is the net estate value, on which any inheritance tax liability is calculated.

Inheritance Tax: The Key Thresholds

Inheritance tax (IHT) is one of the areas that most concerns executors, but the reality is that the majority of estates in the UK do not pay it.

The Nil-Rate Band

In 2026, the standard inheritance tax threshold (nil-rate band) is £325,000. Estates below this value pay no inheritance tax at all. Estates above it are taxed at 40% on the amount over the threshold.

The Residence Nil-Rate Band

An additional allowance — the Residence Nil-Rate Band (RNRB) — of up to £175,000 applies when a main residence is passed to direct descendants (children or grandchildren). This means a single person can potentially pass on up to £500,000 free of inheritance tax.

Married Couples and Civil Partners

Transfers between spouses and civil partners are entirely exempt from inheritance tax. Crucially, any unused portion of the nil-rate band can be transferred to the surviving partner, meaning a couple can potentially pass on up to £1 million to their children (including the combined RNRB) before inheritance tax becomes payable.

When Is Inheritance Tax Due?

Inheritance tax must be paid to HMRC by the end of the sixth month after death. Interest is charged on any amount outstanding after that date. Notably, you must pay IHT before probate is granted — which can create a cash-flow challenge. HMRC's 'Direct Payment Scheme' allows some banks to release funds directly to pay an IHT bill before probate is obtained.

Paying Debts and Liabilities

Before distributing anything to beneficiaries, all of the deceased's debts must be paid. This is a legal requirement, and distributing assets before settling debts can make the executor personally liable.

The order in which debts are paid matters:

  1. Secured debts (mortgages)
  2. Funeral expenses
  3. Costs of administering the estate
  4. Taxes owed to HMRC
  5. Unsecured debts (credit cards, loans, utility bills)

It is worth placing a Deceased Estates Notice in The Gazette (the official public record) and a local newspaper. This protects executors from personal liability if an unknown creditor later comes forward, provided you wait at least two months after the notice before distributing the estate.

Closing Accounts and Transferring Assets

Armed with the Grant of Probate, you can now begin collecting in assets:

Selling Property as Part of an Estate

If the estate includes a property that needs to be sold — rather than transferred to a beneficiary — the executor has the legal authority to sell it once probate has been granted. Key considerations include:

Distributing the Estate to Beneficiaries

Once all debts, taxes, and expenses have been settled, the remaining assets can be distributed according to the will. Executors should keep meticulous records of every payment made and every asset transferred, and provide each beneficiary with a full estate account showing how the final figures were calculated.

Ask each beneficiary to sign a receipt. This protects you as executor and provides a clean record should any dispute arise later.

How Long Does Estate Administration Take?

A straightforward estate with a clear will, no property to sell, and no inheritance tax liability can sometimes be wrapped up in three to six months. More complex estates — those involving property sales, overseas assets, business interests, disputed wills, or significant inheritance tax — routinely take twelve to twenty-four months or longer. Beneficiaries should be given realistic expectations from the outset.

When Should You Use a Solicitor?

You are not legally required to use a solicitor to administer an estate, and many executors manage perfectly well without one. However, professional legal advice is strongly recommended when:

Solicitor fees for probate are typically charged as either a percentage of the estate value (commonly 1–3%) or at an hourly rate. Always obtain a clear written quote upfront.

Common Mistakes to Avoid

How NAFD Funeral Directors Can Help

At the very beginning of this process — when grief is freshest and the administrative demands feel most overwhelming — an NAFD-accredited funeral director can be an invaluable source of support. Beyond arranging the funeral itself, many NAFD members can signpost families towards bereavement support, specialist probate solicitors, estate clearance services, and financial advisers. Every NAFD member operates under a strict Code of Practice and is independently monitored, so you can trust that the guidance you receive is honest, professional, and genuinely in your family's best interests.

Use our funeral cost calculator to understand typical costs in your area, and search our directory to find a trusted, accredited funeral director near you.

Inheritance Tax: What You Need to Know in 2026

The Nil-Rate Band and Residence Nil-Rate Band

Inheritance tax (IHT) is charged at 40% on the portion of an estate that exceeds the available tax-free thresholds. For 2026, the standard nil-rate band remains £325,000. Married couples and civil partners can transfer any unused nil-rate band to their surviving partner, meaning a couple can effectively shelter up to £650,000 from IHT.

On top of this, the residence nil-rate band (RNRB) of £175,000 applies when a main home is left to direct descendants (children or grandchildren), taking the combined threshold for a couple up to £1 million in qualifying estates. The RNRB tapers away for estates valued above £2 million.

When Is Inheritance Tax Due?

IHT must be paid — at least in part — before probate is granted, which can create a cash-flow challenge. HMRC operates an instalment option for assets such as property that take time to sell. The tax must generally be paid within six months of the end of the month in which the person died, or interest accrues.

Gifts made in the seven years before death may also be drawn into the estate for IHT purposes, so it is worth reviewing the deceased's financial records carefully. A solicitor or specialist estate accountant can carry out a full IHT calculation and file the HMRC IHT400 return on your behalf if the estate is complex.

How to Value an Estate for Probate

Before you can apply for probate or calculate inheritance tax, you must compile a thorough valuation of everything the deceased owned and owed at the date of death. This is called the estate valuation or probate valuation, and accuracy matters — HMRC can investigate if they believe assets have been undervalued.

What to Include

Keep a written schedule of every asset and liability with supporting documentation. The probate registry and HMRC will both require this information.

Distributing Assets and Closing Accounts

Paying Debts Before Making Distributions

A critical rule of estate administration: debts must be paid before beneficiaries receive anything. As executor or administrator, you are personally liable if you distribute assets and later discover the estate had outstanding creditors. To protect yourself, consider placing a Statutory Notice to Creditors (under section 27 of the Trustee Act 1925) in The Gazette and a local newspaper. This gives creditors two months to come forward, after which your personal liability is limited.

Priority order for paying from the estate: funeral expenses first, then administration costs, then secured debts (such as a mortgage), then unsecured debts (credit cards, personal loans, utility bills).

Closing Bank Accounts and Financial Accounts

Once probate has been granted, you can present the Grant of Probate (or Letters of Administration) to each bank and financial institution. Most UK banks now have dedicated bereavement services and will transfer or release funds within a few weeks of receiving certified documentation. Keep a running record of every account closed and every balance transferred.

For smaller estates — typically under £5,000, though the threshold varies by institution — many banks will release funds directly to the next of kin without requiring a Grant of Probate, on production of a death certificate and proof of identity.

Making Distributions to Beneficiaries

Once all debts, taxes, and administration costs have been settled, you can distribute the remaining assets to beneficiaries as set out in the will (or intestacy rules). Obtain a signed receipt from each beneficiary. Produce a full set of estate accounts — a clear record of all assets collected, debts paid, and distributions made — and share these with all residuary beneficiaries. This protects you as executor and gives beneficiaries confidence the estate has been handled properly.

A straightforward estate can typically be wound up within 6 to 12 months. Complex estates involving property sales, overseas assets, business interests, or IHT disputes may take considerably longer — sometimes two years or more.

Selling Property from an Estate

Residential property is often the largest single asset in an estate, and selling it correctly is one of the most important — and most stressful — parts of estate administration. You cannot exchange contracts on a property sale until the Grant of Probate has been issued, although you can begin marketing the property and accept an offer beforehand.

Practical Steps for an Estate Property Sale

Be patient: estate property sales can take longer than a standard sale because of the additional legal steps involved. Buyers' solicitors will carry out thorough probate searches, and any complications with the Grant of Probate will delay exchange.

When to Use a Solicitor or Professional Estate Administrator

Not every estate requires professional legal help, but knowing when to seek it can save you considerable time, money, and stress. You can apply for probate yourself using the government's online probate service (for estates in England and Wales), but this is only straightforward for simple, uncomplicated estates.

Consider Using a Solicitor If:

What Does a Probate Solicitor Cost?

Solicitors typically charge either a fixed fee or a percentage of the estate's value — often between 1% and 5% of the gross estate, plus VAT. For a £400,000 estate, that could mean fees of £4,000 to £20,000. Always ask for a written fee estimate before instructing anyone, and compare at least two or three quotes. Some firms offer a free initial consultation.

As an alternative to a solicitor, specialist probate practitioners and estate administration companies can handle the process at competitive rates. Whichever route you choose, ensure the firm is authorised and regulated by the Solicitors Regulation Authority (SRA) or the Council for Licensed Conveyancers (CLC).

Your NAFD-accredited funeral director /find-a-funeral-director/ may also be able to recommend trusted local professionals who have supported other families they have worked with.

Common Mistakes to Avoid When Managing an Estate

Estate administration is a legal process, and errors can have real financial consequences — for you personally as executor, and for the beneficiaries waiting on their inheritance. Here are the most common pitfalls, and how to avoid them.

Frequently Asked Questions

The time it takes to administer an estate varies considerably. A simple estate with no property to sell and no inheritance tax liability may be completed within three to six months of the date of death. More complex estates — particularly those involving property sales, overseas assets, disputed wills, or inheritance tax — often take twelve to twenty-four months or more. Delays at the Probate Registry can also add several weeks to the process. It's important to set realistic expectations with beneficiaries from the outset.

In 2026, the standard inheritance tax nil-rate band is £325,000. Estates valued below this threshold pay no inheritance tax. Above that amount, a 40% tax rate applies to the excess. An additional Residence Nil-Rate Band of up to £175,000 applies when a main home is left to direct descendants, potentially allowing a single person to pass on up to £500,000 tax-free. Married couples and civil partners can combine their allowances, potentially sheltering up to £1 million from inheritance tax.

Not always. Probate (or confirmation in Scotland) is typically required when the deceased owned property in their sole name, or held significant assets in their sole name that financial institutions won't release without a Grant of Representation. It may not be needed for very small estates, assets held jointly with a surviving partner that pass automatically by survivorship, or assets held in trust. Each bank or institution sets its own threshold, so it's worth contacting them individually to confirm their requirements.

Yes, in certain circumstances. If an executor distributes assets to beneficiaries before all known debts and taxes have been paid, they can be held personally liable to creditors for the shortfall. This is why it's essential to pay all debts — in the correct legal order — before making any distributions. Placing a Deceased Estates Notice in The Gazette and waiting at least two months before distributing provides important legal protection against claims from unknown creditors.

Tell Us Once is a free government service that allows you to report a death to most government departments and local council services in a single step, rather than having to contact each one individually. It notifies organisations including HMRC, the DVLA, the Passport Office, the Department for Work and Pensions, and your local authority. You receive a unique Tell Us Once reference number when you register the death, and you can use it online or by phone. It can save executors and family members significant time and stress during an already difficult period.

If someone dies without a valid will, they are said to have died intestate. In this case, their estate is distributed according to the Rules of Intestacy — a strict legal hierarchy that prioritises spouses and civil partners, then children, then wider family. Unmarried partners, stepchildren, and close friends receive nothing under intestacy, regardless of the wishes the deceased may have expressed verbally. A close relative can apply to the Probate Registry to become the administrator of the estate, taking on similar responsibilities to an executor. This situation underlines the importance of making a valid will.

Not always. Probate (or confirmation in Scotland) is required when the deceased held assets solely in their own name above a certain value — typically property, or savings above around £5,000–£50,000 depending on the institution. Assets held jointly (such as a joint bank account or jointly owned property) usually pass automatically to the surviving owner without probate. Check with each bank or institution individually, as thresholds vary.

A simple estate — where there is a clear will, no inheritance tax liability, and no property to sell — can be wound up in three to six months. More complex estates, particularly those involving property sales, inheritance tax, overseas assets, or disputes, typically take 12 to 24 months. The probate registry itself currently issues grants within eight to 12 weeks of a complete application, though backlogs can extend this.

In 2026, the standard inheritance tax nil-rate band is £325,000. Above this, inheritance tax is charged at 40%. Married couples and civil partners can combine their allowances, giving a combined threshold of £650,000. An additional residence nil-rate band of £175,000 applies when a main home is left to direct descendants, potentially raising a couple's combined threshold to £1 million. Estates above £2 million see the residence nil-rate band tapered away.

Yes. It is extremely common — and perfectly legal — for an executor to also be a beneficiary of the will. Many people name a spouse, adult child, or close friend who stands to inherit. The executor must, however, act in the interests of all beneficiaries equally and cannot favour themselves over others when administering the estate.

Debts do not simply disappear when someone dies. They become the responsibility of the estate, not of surviving family members (unless a debt was held jointly). The executor must use estate assets to pay off creditors before distributing anything to beneficiaries. If the estate does not have enough assets to cover all debts, it is insolvent — a solicitor should be instructed immediately in this situation, as different rules apply. Family members are not personally liable for the deceased's sole debts.

Tell Us Once is a free UK government service that lets you notify multiple government departments of a death in a single step, rather than contacting each one individually. It informs HMRC, the DVLA, the Passport Office, the Department for Work and Pensions, and local council services. You receive the Tell Us Once reference number when you register the death at a register office. The service is available in England, Scotland, and Wales — Northern Ireland has a separate but similar process.

As of 2026, the probate application fee is £300 for estates worth more than £5,000 (estates below this threshold are exempt). Additional copies of the Grant of Probate cost £1.50 each — order more than you think you need, as banks, insurers, and the Land Registry will each want a copy. These fees are paid from the estate, not by the executor personally.

You can market the property and accept an offer before probate is granted, but you cannot legally exchange contracts until the Grant of Probate (or Letters of Administration) has been issued. Attempting to complete a sale without probate would be unlawful. Starting the marketing process early can save time overall, as finding a buyer and reaching the point of exchange typically takes several months anyway.

A Grant of Probate is the legal document issued by the probate registry that confirms a will is valid and gives the named executor the authority to deal with the estate. In England and Wales, you apply online through the government's probate service or by post, submitting the original will, the death certificate, and a completed inheritance tax form (even if no tax is due). In Scotland, the equivalent process is called applying for confirmation, and in Northern Ireland applications are made to the Probate Office in Belfast.

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National Association of Funeral Directors. "Managing an Estate After Someone Dies: A Practical Guide." Funeral Directory, 13 May 2026, https://funeral-directory.co.uk/guides/managing-an-estate-after-death/

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