There is a natural tendency, when going through the probate process, to view the Grant of Probate as the finishing line. It is the document that has been applied for, waited for, and in many cases chased, and its arrival can feel like a significant moment of relief. In reality, it is better understood as the point at which the real work of administering the estate begins.
What Does the Grant of Probate Actually Do?
The Grant of Probate is the document issued by the Probate Registry that confirms the executor’s legal authority to deal with the deceased’s estate. Without it, most financial institutions will not release funds, property cannot be sold or transferred, and the estate cannot formally be administered.
Obtaining the grant is therefore a necessary step — but it is only a step. The grant gives the executor the authority to act. It does not collect the assets, pay the debts, deal with the property, or distribute anything to the beneficiaries. All of that still lies ahead.
Collecting in the Estate Assets After Probate
Once the grant has been received, the executor must contact each financial institution — every bank, building society, investment provider, pension administrator and insurance company — individually. Each will need to see the original grant or a sealed copy and will often also have their own internal forms or processes to be completed and submitted along with the grant. Some institutions are more efficient than others and chasing responses can become a significant part of the process.
Where the estate includes investments, decisions may need to be made about whether to sell holdings or transfer them to beneficiaries in their current form. Where there are premium bonds, shares in private companies, or other less straightforward assets, additional steps will be required before anything can be realised.
All funds collected in must be held in a dedicated estate account, separate from the executor’s own finances. For a full explanation of what happens to assets during the probate process, including how different types of assets are handled, our dedicated guide covers this in detail.
Dealing with Property During Estate Administration
Where the estate includes a property that is to be sold, the conveyancing process runs alongside — and can significantly affect the timetable of — the estate administration. A property sale depends on market conditions, the readiness of buyers, and the conveyancing chain, none of which the executor can control. Until the sale completes, the estate cannot be fully wound up.
In the meantime, the executor remains responsible for the property. Buildings insurance must be maintained, and many insurers impose conditions on unoccupied properties that require attention. If the property is mortgaged, payments or arrangements with the lender will need to be managed. Utility bills, council tax and ongoing maintenance do not pause while probate progresses.
Where a property is to be transferred to a beneficiary rather than sold, the process still requires the involvement of a conveyancer and takes time to complete properly.
Tax Obligations for Executors After the Grant of Probate
A common misconception is that inheritance tax — having been calculated and paid as part of the probate application — is the end of the estate’s tax obligations. It rarely is.
The executor must also deal with the deceased’s income tax position up to the date of death. If the deceased was self-employed, had rental income, or had untaxed income from investments, there may be an outstanding tax return to submit and a liability to settle before the estate can be distributed.
In addition, income earned by the estate itself during the period of administration, interest on bank accounts, rental income from a property yet to be sold, and dividends from investments are subject to income tax, and the executor is responsible for reporting and paying it.
Where assets have been sold during the administration, capital gains tax may also be relevant. Each of these matters requires engagement with HMRC, and clearance should be obtained before the estate is distributed. It can often take several months for this clearance to come through.
Where the deceased had complex personal tax affairs, or where the income and/or capital gains taxes for the period of administration are complex, an accountant may also need to be instructed.
What Is a Section 27 Notice and Why Does It Matter?
As touched on in our previous article about the executor’s role, a prudent executor will place a statutory advertisement for creditors — known as a Section 27 notice — in the London Gazette and a local newspaper. This provides important protection against unknown creditors coming forward after the estate has been distributed.
The notice must run for a minimum period before distribution can safely take place, which adds time to the overall process. Skipping this step in the interest of speed is a false economy, because an executor who distributes the estate without taking this precaution remains personally liable if a creditor subsequently comes forward.
Preparing and Approving Estate Accounts Before Distribution
Before the estate is distributed, the executor should prepare a full set of estate accounts setting out all assets at the date of death, all income received during the administration, all liabilities and expenses paid, and the final balance available for distribution. These accounts are provided to the residuary beneficiaries for their approval.
This step is sometimes treated as a formality, but it is an important one. The accounts provide a transparent record of how the estate has been handled, and beneficiaries are entitled to understand how their inheritance has been calculated. Where beneficiaries have questions or concerns, this is the stage at which they should be raised.
Distributing the Estate to Beneficiaries: The Final Stage
Only once the assets have been collected, the debts and taxes paid, the property dealt with, clearance obtained from HMRC, the Section 27 notice period expired, and the estate accounts approved, is the executor in a position to distribute the estate to the beneficiaries.
At that point, specific gifts set out in the Will are paid or transferred first, followed by the residue — what remains after everything else has been dealt with — which passes to the residuary beneficiaries in the shares set out in the Will or, where there is no Will, in accordance with the intestacy rules.
Receipts should be obtained from each beneficiary, and the executor should retain all records of the administration for a period of years after the estate has been wound up.
How Long Does Estate Administration Take After Probate?
Every estate is different, and timescales vary considerably depending on the size and complexity of the estate, the number and type of assets involved, whether property is being sold, and how promptly third parties — financial institutions, HMRC, conveyancers — respond at each stage.
As a general guide, straightforward estates commonly take between nine months and a year from the date of death to reach final distribution. Estates involving property sales, complex tax positions, or any degree of dispute or difficulty will take longer — sometimes significantly so. It is not unusual for complex estates to take two years or more to administer fully.
Managing the expectations of beneficiaries is one of the more delicate aspects of the executor’s role. Understanding that delays are often outside the executor’s control, and that a thorough administration protects everyone involved can help.
How Fiona Bruce Solicitors Can Help with Estate Administration
If you are acting as an executor and finding the post-grant administration more complex or time-consuming than you anticipated, you do not have to manage it alone. At Fiona Bruce Solicitors, our Private Client team regularly assists executors with all aspects of estate administration — from collecting in assets and dealing with HMRC to preparing estate accounts and managing property sales.
The contents of this post do not constitute legal advice and are provided for general information purposes only ■
