Probate and Estate Administration Solicitors in Coventry
Losing someone you love is one of the hardest things you’ll face. Having to manage legal and financial affairs in the weeks that follow can feel overwhelming, especially when you’re still grieving.
Whether you’ve been named as an executor in a Will or find yourself responsible for an estate with no Will in place, you don’t have to navigate the process alone.
Our probate and estate administration solicitors in Coventry are here to guide you through every step. We have particular experience with high-value and complex estates, tax-efficient administration and dispute resolution.
Book a consultation with our probate solicitors in Coventry
If you need clear, practical guidance on probate or estate administration, contact us today.
You can call our probate solicitors in Coventry on 024 7663 2121 or email us at info@bandhattonbutton.com.
What is probate and estate administration?
Probate is the legal process that gives someone the authority to deal with a deceased person’s estate. The Grant of Probate (or Letters of Administration where there is no Will) is the official document that proves this authority to banks, HM Land Registry and other institutions.
Estate administration is the wider process of settling everything once that legal authority is in place. It includes valuing assets, reporting to HMRC, paying debts and Inheritance Tax (IHT), collecting in funds and distributing what remains to the beneficiaries.
The two terms are often used together, but probate refers specifically to obtaining the grant, while estate administration covers the entire process from death to final distribution.
When is probate needed in England and Wales?
Whether you need a grant depends on the nature and value of the assets in the estate.
A Grant of Probate or Letters of Administration is usually required where:
- The deceased owned property solely in their own name
- Bank or building society balances exceed the institution’s threshold for releasing funds without a grant (typically £25,000 to £50,000, though this varies between providers)
- The estate includes shareholdings or investments held in the deceased’s sole name
Probate is generally not required where assets pass automatically outside the estate. Jointly owned property passing by survivorship and life insurance policies or pensions written in trust with named beneficiaries are common examples.
Small estates made up entirely of savings below the relevant institution’s threshold may also not require a grant.
Because thresholds vary between financial institutions, it’s worth checking with each provider at an early stage.
Grant of Probate vs Letters of Administration
The type of grant you need depends on whether the deceased left a valid Will.
A Grant of Probate is issued when there is a valid Will that names executors who are willing and able to act. The executors apply to the Probate Registry and, once the grant is issued, have legal authority to administer the estate in accordance with the Will’s terms.
Where there is no valid Will, or where the named executor of a Will has died or is unwilling to act, the court issues Letters of Administration instead. The person appointed as administrator is determined by the intestacy rules, which set out the order of entitlement among family members.
Both types of grant are known as a “grant of representation”, and the personal representative’s duties are broadly the same in each case.
The estate administration process: step by step
Step 1: Registering the death and locating the Will
The death must be registered at the local Register Office within five days. You’ll need several original copies of the death certificate, as most financial institutions require one.
You will also need to locate the original Will (if one exists). This is usually held by a solicitor, at home or registered with the National Will Register.
The Bereavement Advice Centre offers a practical checklist of the immediate steps to take.
Step 2: Valuing the estate
Before applying for the grant, you’ll need a full picture of the estate’s assets and liabilities. This covers property (usually requiring a formal RICS valuation), bank and investment accounts, shareholdings, personal possessions (known as chattels), digital assets and any gifts made within the seven years before death.
Outstanding debts and funeral expenses are deducted at this stage.
This information underpins both the IHT return and the grant application.
Step 3: Reporting to HMRC and paying Inheritance Tax
Inheritance tax will be due on the estate if its value exceeds the relevant ‘nil rate band’. Currently, this is £325,000 per person with an additional residence nil rate band (RNRB) which provides a further allowance of up to £175,000 where a residential property passes to direct descendants.
Transfers between spouses and civil partners are fully exempt. Most estates pay no IHT at all.
Where IHT is payable, a full IHT400 form must be submitted to HMRC. Simpler estates falling within the “excepted estate” rules may require a reduced return. IHT must be paid within six months of the end of the month in which the person died, before the Probate Registry will issue the grant.
For guidance on reducing your own estate’s IHT liability, see GOV.UK’s Inheritance Tax guidance.
Step 4: Applying for the grant
Once HMRC has received the IHT return and any tax due has been settled, you can apply to the Probate Registry. Applications can be submitted online via the GOV.UK probate service. The court fee is currently £300 for estates valued above £5,000.
Step 5: Collecting in the assets and settling liabilities
Once the grant is issued, you can notify institutions, close accounts and pay outstanding debts.
It’s advisable to place statutory notices in the London Gazette and a local newspaper under section 27 of the Trustee Act 1925. These notices protect executors against unknown creditors or beneficiaries coming forward after distribution.
An asset search and National Will Register search can also help to identify any overlooked assets.
Step 6: Preparing estate accounts and distributing to beneficiaries
Estate accounts should be prepared and agreed with beneficiaries before any distribution is made. Executors can make interim distributions once satisfied the main liabilities are settled, reserving the final distribution until HMRC clearance has been received and the claim period under the Inheritance (Provision for Family and Dependants) Act 1975 has elapsed.
Executors who distribute too early or who fail to identify a creditor or beneficiary can be held personally liable for any resulting loss.
What happens if someone dies without a Will?
When someone dies without a valid Will, they are said to have died intestate. Their estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925, as amended. These rules follow a strict order of entitlement: a surviving spouse or civil partner takes priority, followed by children, then more distant relatives.
Unmarried partners have no automatic right to inherit, regardless of the length of the relationship. There is also a higher risk of disputes where the intestacy rules produce an outcome that feels unfair to those left behind.
If someone close to you has died without a Will, our estate administration solicitors can guide you through the Letters of Administration process and help identify the correct beneficiaries.
For advice on protecting your own estate, see our Wills, Trusts and Probate solicitors page.
How long does probate take?
The honest answer is that it varies. In a straightforward estate where all assets and beneficiaries are known, HMRC clearance is prompt, and no property needs to be sold, full administration typically takes six to nine months from the date of death.
The grant stage tends to take the longest. Processing at the Probate Registry has typically taken between 12 and 20 weeks after submission in recent years, though timelines shift with court workloads. HMRC clearance on the IHT return can add further time where there are complex probate valuations or business assets involved. Property sales, missing beneficiaries and disputes can also extend the process considerably.
Our estate administration solicitors will give you a realistic estimate for your specific estate at the outset and keep you updated throughout.
Our fees for probate and estate administration
Our probate solicitors offer two service models to suit different needs.
Our Grant Only service, for executors who are comfortable managing the estate themselves but need help obtaining the grant, starts from £2,500 plus VAT.
Our Full Estate Administration service covers everything from initial advice through to final distribution. Fees are banded according to the value and complexity of the estate, starting from £5,000 plus VAT for smaller straightforward estates and rising to £25,000 or more for high-value or complex matters.
Unlike some firms, we do not charge a Law Society Value Element, which is an additional percentage uplift calculated on the estate’s total value. All fees are agreed transparently at the outset.
You can find more information in our probate fees guide.
Why choose Band Hatton Button for probate in Coventry and Warwickshire?
At Band Hatton Button, we understand that every estate is different and that dealing with probate can be both emotionally and practically challenging.
Our experienced Probate and Estate Administration solicitors in Coventry take the time to understand your circumstances and provide clear, practical advice tailored to your needs. Whether you require assistance with a straightforward Grant of Probate or the administration of a complex estate, we'll support you throughout the process.
Our private client team is one of the largest and most experienced in the region, with 11 specialist practitioners led by Partner Charlotte Macalister. The team includes members qualified through the Society of Trust and Estate Practitioners (STEP) and solicitors recognised by the Association of Lifetime Lawyers, reflecting the breadth of expertise we bring to every estate.
We are regulated by the Solicitors Regulation Authority (SRA number 591124) and based at Earlsdon Park in Coventry, making us well placed to support clients across Coventry and Warwickshire.
Our experience spans the full range of estate types, from modest straightforward matters to high-value and internationally complex estates. We’re also recognised in the Chambers Guide and Legal 500 for the quality of our private client work.
Where disputes arise, our contentious probate colleagues are on hand from the outset, giving you a joined-up service rather than requiring you to instruct a different firm.
Contentious probate and estate disputes
Disputes can arise at any stage of the administration process, whether that’s a challenge to the validity of a Will, a disagreement between beneficiaries or a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Our specialist litigation team works closely with the probate team, so if matters become contentious you receive early advice on the risks and, if necessary, robust representation to protect the estate and its beneficiaries.
Frequently asked questions about probate and estate administration
Do I need a solicitor to apply for probate?
It’s legally possible to apply as a lay executor. However, mistakes on IHT returns can result in penalties and executors who distribute the estate incorrectly can be held personally liable. A probate solicitor helps you avoid these risks, ensures the IHT return is accurate and reduces the likelihood of delays. For complex or high-value estates, professional advice at the outset is strongly recommended.
How long does probate take in the UK?
The grant application typically takes 12 to 20 weeks after submission to the Probate Registry. Full estate administration, from death to final distribution, usually takes six to nine months in a straightforward case. HMRC clearance, property sales and disputes can all extend this considerably. We’ll give you an honest estimate from the outset.
How much does probate cost with a solicitor?
Our Grant Only service starts from £2,500 plus VAT. Full Estate Administration is priced on a banded fee structure from £5,000 plus VAT for smaller estates, rising to £25,000 or more for high-value or complex matters. Court fees and disbursements such as property valuations are charged separately. We don’t apply a percentage uplift on the estate value and all fees are agreed transparently at the outset.
What happens if there is no Will?
When someone dies without a Will, their estate is distributed according to the intestacy rules. A spouse or civil partner takes priority, followed by children and then more distant relatives. Unmarried partners receive nothing automatically, regardless of the length of the relationship. In this situation, Letters of Administration are required rather than a Grant of Probate and an administrator is appointed by the court.
Can executors be held personally liable?
Yes. Executors who distribute an estate before all creditors have been identified, make errors on IHT returns or overlook a beneficiary can be held personally liable for any resulting loss. Placing statutory notices, carrying out thorough asset searches and waiting for HMRC clearance before making a final distribution all reduce this risk. Working with a specialist probate solicitor provides an additional safeguard.
Is Inheritance Tax due on every estate?
No. Most estates pay no IHT at all. The nil rate band of £325,000 means estates below this value are exempt. An additional residence nil rate band of up to £175,000 applies where a family home passes to direct descendants, and transfers between spouses or civil partners are fully exempt. Where both allowances are available and transferable, a couple may be able to pass up to £1 million free of IHT.
What is the difference between an executor and an administrator?
An executor is a person named in a Will who is appointed to administer the estate and carry out the deceased’s wishes. An administrator serves the same practical role but is appointed by the court where there is no valid Will, no executor is named or the named executor is unable or unwilling to act. Executors obtain a Grant of Probate while administrators obtain Letters of Administration. Both are referred to as personal representatives.
Contact our probate solicitors in Coventry
Losing someone close to you is hard enough without the added pressure of legal complexity. Our first conversation is always free and confidential. We’ll take the time to understand your situation before suggesting the right next steps.
You can call our probate solicitors on 024 7663 2121 or email us at info@bandhattonbutton.com.