Probate, Executors & Intestacy FAQs

An executor collects in the estate’s assets, pays debts, funeral costs and taxes, applies for probate if needed, keeps accounts and distributes what is left to the beneficiaries according to the will.

You can appoint as many as you like, but a maximum of four can apply for probate at any one time. Most people choose two, plus one or two replacements.

Yes. One executor is legally sufficient, but naming a replacement is wise in case they die first, lose capacity or do not want to act.

A substitute executor steps in if your first choice is unable or unwilling to act. Naming substitutes avoids the need for someone else to apply to be administrator.

Yes. An executor can renounce their role by signing a formal renunciation, as long as they have not already started dealing with the estate (“intermeddling”).

An executor can step back from applying for probate while keeping the right to apply later. This is known as having “power reserved” and is useful where several executors are named.

Yes, but only by the court. An application can be made if an executor is unfit, has a conflict of interest, is not acting or is mismanaging the estate.

Lay executors are not paid for their time unless the will allows it, but they can claim reasonable out-of-pocket expenses. Professional executors charge fees in line with a charging clause in the will.

Executors can be personally liable if they distribute the estate before paying debts and taxes, or if they act negligently. Placing statutory notices (Section 27 notices) helps protect them against unknown creditors.

A notice under section 27 of the Trustee Act 1925 is published in The Gazette and a local newspaper, inviting creditors to come forward within at least two months. It protects executors from claims by creditors they did not know about.

There is no fixed deadline, but executors are generally expected to complete within the “executor’s year” (12 months from death). Beneficiaries cannot usually force distribution before then.

The executor’s year is the 12-month period after death during which executors are not usually obliged to distribute the estate. It gives them time to collect assets and settle debts.

Yes, once probate has been granted (or letters of administration issued). Executors can market the property earlier but cannot complete a sale until they have the grant.

Only if the will allows it or the beneficiaries agree. An executor who is also a beneficiary should be careful not to benefit unfairly from the property during administration.

No. Executors must follow the will and hold the estate for the beneficiaries. Taking assets they are not entitled to is a breach of duty and can lead to court action.

Ask for an explanation and a timetable first. If there is no progress, a beneficiary can ask for estate accounts and, in serious cases, apply to court to have the executor removed or replaced.

Yes. Residuary beneficiaries are entitled to see estate accounts showing what came in and what was paid out.

Intermeddling is when an executor starts dealing with the estate, for example selling assets or paying debts. Once they have intermeddled, they generally cannot renounce the role.

Yes. A solicitor or other professional can be appointed alone or alongside family members. Their fees will be paid from the estate.

Some banks offer executor services, but their fees can be high, often a percentage of the estate. Compare costs carefully before appointing one.

It helps but is not essential. Much of the work can be done by post, phone and online. Executors living abroad can act but may find it harder and some processes take longer.

Yes, although it may slow things down. They will need to verify their identity and may need documents certified. A UK-based co-executor can help.

Tell them they have been appointed, where your will is kept, and provide a summary of your assets, accounts, policies and wishes so they can find everything quickly.

An administrator is the person who deals with an estate when there is no will, or when no executor can act. They apply for “letters of administration” instead of probate.

The order is set by law: usually a surviving spouse or civil partner first, then children, then parents, then siblings and so on. Unmarried partners have no automatic right.

A child can be named, but cannot act until they are 18. Their guardian or someone else would have to deal with the estate in the meantime, so it is better to choose adults.

Yes. Executors are commonly also the trustees of any trusts created by the will. The roles continue after the estate is administered if trusts remain.

Yes. Executors have a legal duty to carry out the will’s terms. If the will is unclear, they may need to seek agreement from beneficiaries or directions from the court.

No. Executors cannot change a will. The beneficiaries can, however, agree to vary how the estate is distributed using a deed of variation within two years of death.

Only with care. Buying estate assets creates a conflict of interest and usually requires the consent of all beneficiaries or the court, and an independent valuation.

If no executor can act, the person entitled to the residue (or another person in the legal order) applies for letters of administration “with will annexed”.

Yes, provided they are over 18 when the time comes. Many parents appoint adult children because they are also beneficiaries and know the family’s affairs.

No. Executors can deal with probate themselves. Professional help is advisable where the estate is complex, there is inheritance tax to pay, property abroad, a business, or family disagreement.

Executors should record all assets and their values at death, income received, bills paid, sale proceeds and distributions. Final estate accounts should be approved by the residuary beneficiaries.

Only if they are a professional and the will contains a charging clause, or all beneficiaries agree. Lay executors can reclaim reasonable expenses such as postage, travel and fees.

If the sole surviving executor dies after obtaining probate but before finishing the estate, their own executor takes over. This is known as the chain of executorship.

If you are the testator, simply leave them out of your new will. If you are a beneficiary and the executor is unsuitable, you may need to apply to court for their removal.

Many people leave a small cash gift to lay executors as thanks. Make it clear whether it depends on them actually acting.

Yes. Reasonable professional fees for administering the estate are paid from the estate.

Yes. Executors must act unanimously on most matters. If they cannot agree, mediation or a court application may be needed.

No, but non-resident executors can cause the estate to be treated differently for tax and may slow the process.

Probate is the legal process of dealing with someone’s estate after they die: collecting in their assets, paying any debts and taxes, and distributing what is left. A Grant of Probate is the document that confirms the executors’ authority to do this.

Not always. It depends on the value and type of assets. Jointly owned property and accounts usually pass automatically to the survivor, and some small assets can be released without a grant, but banks and other institutions each set their own limits.

It varies. A straightforward estate can take several months, but it can be considerably longer if there is a property to sell, inheritance tax to pay, or a dispute between beneficiaries.

Yes. Executors can apply online through GOV.UK, and professionals use the MyHMCTS portal. Paper forms (PA1P with a will, PA1A without a will) are available if you cannot apply online.

A grant of probate is the court document that confirms the executors named in a will have legal authority to deal with the estate.

Letters of administration are the equivalent of probate when there is no valid will, or no executor can act. They are issued to the administrator.

“Grant of representation” is the general term covering grants of probate, letters of administration and letters of administration with will annexed.

If the house was owned as joint tenants, it passes automatically to the surviving owner without probate. If owned as tenants in common, the deceased’s share usually needs a grant.

The executors named in the will. If there is no will, the closest relative entitled under the Non-Contentious Probate Rules applies for letters of administration.

Yes, and many people do. The GOV.UK online service guides you. Professional help is useful for complex estates, tax, disputes or where executors lack time.

Usually not. Pension death benefits are normally paid directly to nominated beneficiaries at the scheme’s discretion, outside the estate. Some providers may still ask for a copy of the grant.

Not if the policy is written in trust; the insurer pays the trustees directly. If it is not in trust, the payout forms part of the estate and may need a grant.

Beneficiaries usually receive their inheritance once debts and taxes are paid and the executors are satisfied no further claims will arise. Interim payments may be made earlier.

No. An inheritance is not income, so there is no income tax on receiving it. Any inheritance tax is paid by the estate before distribution, and income it later produces is taxable.

Yes, it can. Money you inherit counts as capital for means-tested benefits like Universal Credit and Pension Credit. Report changes promptly.

Yes. You can disclaim an inheritance before accepting any benefit from it. It then passes as if you had died before the deceased. You cannot choose who receives it; a deed of variation is needed for that.

Contact the executors or the solicitor dealing with the estate. Once probate is granted you can order a copy of the will from GOV.UK.

Yes. Executors can read the will as soon as it is found, and should, as it may contain funeral wishes.

No. Formal will readings are mainly a TV drama device. Executors simply inform beneficiaries of the relevant terms.

Obtain the medical certificate of cause of death, register the death within five days (England and Wales), find the will, and contact the executors. The registrar can offer the Tell Us Once service.

In England and Wales, a death should be registered within five days at a register office, usually in the area where the person died. You need the medical certificate from the doctor or the coroner.

Tell Us Once lets you report a death to most government organisations, such as HMRC, DWP, DVLA and the Passport Office, in one go. The registrar gives you a reference number.

Since September 2024 all deaths in England and Wales not referred to a coroner are reviewed by an independent medical examiner before the death can be registered. This can affect timings.

It is usually worth ordering several certified copies, as banks, pension providers and insurers may each need one. Ordering them at registration is cheaper than later.

Yes. Funeral costs are a first charge on the estate. Most banks will pay a funeral director’s invoice directly from the deceased’s account on request.

Look through paperwork, bank statements and emails. Services such as the Tell Us Once scheme, the Unclaimed Assets Register and MyLostAccount can help trace accounts and policies.

Use the government’s Pension Tracing Service to find contact details for workplace and personal pension schemes.

If expected, call the GP or 111 to confirm the death. If unexpected, call 999. A funeral director can then be contacted.

The coroner investigates if the cause is unknown, sudden or unnatural. This can delay registration and the funeral. A post-mortem or inquest may be needed.

The funeral is usually paid from the deceased’s estate. Whoever arranges it signs the contract with the funeral director and can reclaim costs from the estate.

If you receive certain benefits, you may qualify for a Funeral Expenses Payment from the DWP. If no one can arrange a funeral, the local council may arrange a public health funeral.

A plan that pays for your funeral in advance at today’s prices. Since July 2022 funeral plan providers must be authorised and regulated by the Financial Conduct Authority.

Yes. Since 29 July 2022 funeral plan providers must be authorised by the FCA, giving customers greater protection and access to the Financial Ombudsman.

A payment for people whose spouse or civil partner died before they reached State Pension age. It has been extended to cohabiting parents in some circumstances. Claims should be made within three months for full payment.

Since February 2023, cohabiting partners with dependent children can claim Bereavement Support Payment in certain circumstances, including backdated claims.

You can notify each bank directly or use the Death Notification Service, which lets you tell several banks and building societies at once.

A free online service that lets you notify multiple participating banks and building societies about a death in one go.

Register with the Bereavement Register and the Mailing Preference Service to reduce direct mail, and ask Royal Mail about redirecting post.

Yes. Tell Us Once can notify them. Otherwise send the passport and driving licence back with a covering letter.

Creditors can only claim against the estate, not family members who are not joint borrowers or guarantors. Tell creditors the person has died and who is dealing with the estate.

A funeral director cares for the deceased, helps arrange the funeral and deals with paperwork, cremation or burial arrangements and notices.

A cremation without a funeral service, often cheaper. Families can hold a separate memorial if they wish.

Pets are personal possessions and pass under the will. It helps to name someone willing to care for them and possibly leave money for their care.

Legally, the executor has the right to arrange disposal of the body. On intestacy, the person with priority to administer the estate usually has it.

Benefit payments usually stop at death. Overpayments may need to be repaid from the estate. Tell Us Once informs DWP.

State Pension stops. Any payment due up to the date of death is paid to the estate, and overpayments must be repaid.

There is no legal deadline, but funerals usually take place within two to three weeks. Coroner involvement can cause delays.

Employees are entitled to reasonable unpaid time off for dependants in an emergency. Parents who lose a child under 18 have a statutory right to Parental Bereavement Leave.

Organisations such as Cruse Bereavement Support and local hospices offer free support. Your GP can also help.

Contact the network to cancel the contract. Download any photos or contacts first, if you can access the phone.

The intestacy rules are the fixed legal rules that decide who inherits when someone dies without a valid will. They are set out mainly in the Administration of Estates Act 1925 and follow a strict order of relatives.

Your spouse or civil partner receives your personal belongings, the first £322,000 of the estate and half of anything above that. Your children share the other half equally. Jointly owned assets held as joint tenants pass outside this.

Your spouse or civil partner inherits the whole of your estate, regardless of its size, provided they survive you by 28 days.

The statutory legacy is the fixed sum a surviving spouse or civil partner receives on intestacy before the rest is shared with children. It is £322,000 for deaths on or after 26 July 2023 and is reviewed at least every five years.

Your children inherit everything equally. If a child has died before you leaving children, those grandchildren take their parent’s share. An unmarried partner receives nothing automatically.

Your estate goes to your parents. If they have died, it passes to brothers and sisters of the whole blood (or their children), then half-siblings, then grandparents, then aunts and uncles, then half-aunts and uncles.

If there are no eligible relatives, the estate passes to the Crown (bona vacantia), or in some areas to the Duchy of Lancaster or Duchy of Cornwall.

Bona vacantia means “ownerless goods”. It is the legal term for an estate that passes to the Crown because there is no will and no entitled relatives. The Government Legal Department deals with these estates.

Yes. Relatives can usually make a claim for up to 12 years after the estate is administered by the Government Legal Department, and sometimes longer. The list of unclaimed estates is published on GOV.UK.

No. Under current law, cohabiting partners have no automatic right to inherit on intestacy, however long you have lived together. They may have to make a court claim under the 1975 Act.

No. “Common law marriage” has no legal status in England and Wales. Living together, however long for, does not give the same rights as marriage or civil partnership.

The Government has said it intends to strengthen rights for cohabiting couples and has been consulting on reform. At the time of writing, no new inheritance rights for cohabitants are in force, so a will remains essential.

No. Stepchildren who have not been legally adopted do not inherit under the intestacy rules.

Yes. Children inherit equally whether or not their parents were married to each other.

Grandchildren inherit only if their parent (your child) has died before you. They then share their parent’s portion.

Yes. Until a final divorce order is made, your spouse is still legally your spouse and can inherit under the intestacy rules, even if you have been separated for years.

Children inherit at 18 (or earlier if they marry). Until then their share is held on statutory trust by the administrators.

If the home was owned as joint tenants, it passes automatically to the other owner. If owned solely or as tenants in common, the deceased’s share passes under the intestacy rules.

The person with the highest entitlement under the Non-Contentious Probate Rules, usually the spouse or civil partner, then children, applies for letters of administration.

The beneficiaries can agree to redistribute their inheritance using a deed of variation within two years of death, as long as all affected beneficiaries are adults with capacity and agree.

Yes. For deaths from 1996, a spouse or civil partner must survive by 28 days to inherit under the intestacy rules.

Yes, but only if there are no full brothers or sisters (or their descendants). Half-siblings come after full siblings in the order.

No. Relatives by marriage, such as in-laws, do not inherit under the intestacy rules.

Cousins can inherit if their parent (your aunt or uncle) has died before you and there are no closer relatives such as spouse, children, parents or siblings.

Scotland has different intestacy rules, including “prior rights” and “legal rights” for spouses and children. Advice from a Scottish solicitor is needed for Scottish estates.

Yes. A will can be challenged on grounds such as lack of capacity, lack of knowledge and approval, undue influence, fraud, forgery or incorrect signing. Separately, some people can claim reasonable financial provision under the 1975 Act.

The 1975 Act allows certain people, such as spouses, former spouses, cohabitants, children and dependants, to ask the court for financial provision from an estate if the will or intestacy does not make reasonable provision for them.

Eligible claimants include a spouse or civil partner, a former spouse who has not remarried, a cohabitant of at least two years, children (including adult children), people treated as a child of the family, and anyone being maintained by the deceased.

A claim must usually be issued within six months of the grant of probate or letters of administration. The court can allow late claims, but only in limited circumstances.

Yes, adult children can claim under the 1975 Act, but they must show the will fails to make reasonable provision for their maintenance. Success depends heavily on their circumstances and needs.

Yes, if they lived with the deceased as a couple for at least two years immediately before death, or were being maintained by them. The claim is limited to reasonable maintenance.

A stepchild may claim under the 1975 Act if they were treated by the deceased as a child of the family, for example within a marriage.

A caveat is a notice entered at the Probate Registry that stops a grant of probate being issued for six months. It is used when someone has concerns about a will’s validity. It can be renewed.

A standing search asks the Probate Registry to send you a copy of any grant issued in a particular estate within 12 months. It is useful for creditors or potential claimants.

This ground of challenge argues that the person did not know and approve the contents of their will, for example because it was prepared by a beneficiary or the person was frail or could not read it.

Yes. If a will is suspected to be forged, a handwriting expert may be instructed. The person alleging forgery must prove it.

There is no strict time limit for challenging validity, but delay makes it harder, especially after the estate is distributed. 1975 Act claims must usually be issued within six months of the grant.

Costs vary widely and can be high if the case goes to trial. Many disputes settle through mediation. Some solicitors offer conditional fee (no win, no fee) arrangements.

Mediation is a confidential meeting with an independent mediator who helps the parties reach an agreement. Courts expect parties to consider it, and it is often quicker and cheaper than going to trial.

Use a professional, record your capacity if you are elderly or unwell, explain your reasons for unusual decisions in a letter, keep the will up to date, and ensure it is properly signed and witnessed.

Yes. A separate signed statement of reasons (rather than including it in the will itself) is often recommended. It can be used as evidence if a 1975 Act claim is made.

Proprietary estoppel is a claim that someone was promised an asset, such as the family farm, relied on the promise to their detriment, and so should receive it despite the will. It is common in farming disputes.

Yes, but gifts to carers may be scrutinised if there are concerns about undue influence or knowledge and approval, particularly if the carer helped arrange the will.

Rectification asks the court to correct a will that contains a clerical error or fails to carry out the person’s instructions. It must usually be brought within six months of the grant.

Yes. If the wording is ambiguous, the court can look at evidence of the testator’s intention to decide what the will means (construction).

Possibly. A disappointed beneficiary may be able to claim against a negligent will writer or solicitor, for example if a gift failed because the will was not properly witnessed.

Executors must follow the will. If beneficiaries disagree about how to divide items or whether to sell, mediation may help. In some cases the court can give directions.

If the house is left to several people, any of them can ask for a sale. If they cannot agree, a court application under the Trusts of Land and Appointment of Trustees Act 1996 may be needed.