For some, being the executor of a loved one’s estate is an honour. For others administering their estate while grieving their loss is overwhelming. Not only can this cause more stress and upset, but it can also lead to costly mistakes.

At Rothera Bray, our Probate and Administration solicitors can offer practical support and guidance. We can also take on the responsibility of administering the estate so you can process your loss.

 

What is Probate?

Probate is the legal process of administering a deceased person’s estate. This involves:

  • Identifying and valuing the deceased person’s assets and liabilities
  • Paying off any debts and taxes owed by the estate
  • Distributing the remaining assets to the beneficiaries named in the will
  • If the deceased didn’t write a will, distributing those assets according to the rules of intestacy
  • Carrying out the deceased person’s wishes as far as possible

 

Do I Need a Solicitor to Apply For Probate?

You do not legally need a wills and probate solicitor to apply for probate. In fact, many people deal with probate and the administration of estates on their own.

However, the process is often complex, time consuming and labour intensive. It can involve lots of complicated legal jargon, tax calculations and paperwork.

As an executor or administrator, you are legally responsible for administering an estate. As such, you will be liable for any mistakes or oversights.

 

When It is Best to Hire a Probate Solicitor

Dealing with probate is often complicated and hard work. Especially if things do not go according to plan.

You may need a probate solicitor if:

  • You do not have the time or expertise to deal with it yourself
  • The will features foreign properties or assets
  • Where income or capital gains need reporting
  • The will features trusts
  • If there is no will
  • There is disagreement among the beneficiaries or potential beneficiaries
  • There are legal challenges to the will or the distribution of the estate
  • The estate is insolvent
  • The estate is subject to inheritance tax

We can help make the process as straightforward and stress-free as possible.

 

Why Choose Rothera Bray Probate and Estate Administration Solicitors?

At Rothera Bray, we can provide as much or as little help as you need. We offer a range of services to help you through the process. These include:

  • Advising you on your legal rights and responsibilities as an executor or beneficiary
  • Assisting with the valuation and distribution of assets
  • Preparing and submitting the necessary paperwork to the probate registry
  • Dealing with any legal challenges to the will or the distribution of the estate
  • Liaising with HM Revenue and Customs to make sure you meet all tax obligations
  • Managing any disputes that arise between beneficiaries or potential beneficiaries

Our estate solicitors have vast experience in supporting executors and estate administrators.  We understand how difficult it can be to administer an estate. Especially when you are grieving the loss of a loved one.

We can offer a high level of expertise when you need it and take some of the responsibility away from you.

Contact our Wills and Probate Team

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Kirsten Wood

“We’re upfront about costs – so there’s no hidden surprises”

Kirsten Wood
Head of Wills and Probate

FAQs

Do You Always Need to Apply For Probate?

There are circumstances when you do not need to apply for probate; These are;

  • When an estate is joint owned by a spouse or civil partner as the estate will pass onto the surviving partner
  • If the value of the estate is less than £5,000
  • If banks or building societies agree to release funds without a Grant of Probate

If you are not sure if you need to apply for probate or not, we can help.

How Long Does Probate Take?

Probate takes a minimum of 6 months. However, on average, probate process takes around a year to complete. This is from the date of death to the distribution of the estate.

Once the Grant of Probate has been issued, it usually takes around six weeks to distribute the estate.

Do I Have to Wait 6 Months From the Grant of Probate to Distribute the Estate?

You do not have to wait.

However, under the Inheritance (Provision for Family and Dependants) Act 1975, claimants have 6 months to start a claim against the estate.

If someone tries to make a claim against an estate that has already been distributed, it could cause huge legal problems.

As a result, it is advisable to distribute the estate 6 months after the Grant of Probate has been issued. This does mean that the estate might be distributed for well over a year.

What If An Estates Debts Are More That its Assets?

If the debts of an estate are more than the assets, the estate is insolvent. In this case, you must pay the debts in order of priority.

  1. Secured debts – these are debts that are secured against a property. If the estate does not have enough money to pay all debts, it must be shared between creditors in proportion to what is owed.
  2. Funeral expenses – These must be reasonable, considering the total amount of debt.
  3. Probate costs – These are the costs incurred when executing the will and administering the estate. These include reasonable legal fees.
  4. Preferential debts – If the deceased employed someone, their wages are a preferential debt.
  5. Interest – on unsecured loans and credit cards.
  6. Deferred debts – including debts to family and friends.
What Happens if Someone Dies Without Making a Will?

In the UK, more than 1 in 5 people die without making a will.

When someone dies without a will, their next of kin usually administer their state according to the rules of intestacy.

When there are not any relatives to administer the estate, the HM Treasury take over and any assets go to the Crown. This means the money goes to paying off the national debt or to charity.

Administering the estate of someone who has died without a will can be extremely complicated.

Our specialist estate administration solicitors can help.

If you’re happy then we’re happy too.

Contact our Wills and Probate Team
Wills, Probate & Trusts Team
Jeremy Allen

Jeremy Allen

Partner

Jeremy Allen is a Wills, Probate and Trusts specialist at Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.

Russell Dalby

Russell Dalby

Partner

Russell is a Partner based at our Market Harborough office and specialises in all areas of Private Client work. He predominantly deals with probate administration and estate planning work – such as advising on Wills, Lasting Powers of Attorney and Inheritance Tax planning.

Ann Farnill, Senior Asspciate in our Wills and Probate department

Ann Farnill

Partner

Ann Farnill is a Partner in Rothera Bray‘s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham city centre. She specialises in Wills, Inheritance Tax planning, Powers of Attorney including acting for lay attorneys, Estate planning and administration.

Nelissa Hicks

Nelissa Hicks

Partner

Nelissa is Partner at Rothera Bray with a demonstrated history of working in the legal services industry. Nelissa has over 20 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Mapperley office. She is skilled in Inheritance Tax Planning and the Administration of Trusts and Estates.

Andrew Hitchon

Andrew Hitchon

Partner

Andrew has specialised in the private client sector for over 10 years. He is also a fully qualified TEP practitioner and deals with a wide range of legal expertise including Trusts and Tax Planning.

Richard Jackson

Richard Jackson

Partner

Richard is based at our Derby office and has over 25 years of experience dealing with all types of Wills, Lasting Powers of Attorney and Probate / Estate Administration. 

Martin Witherspoon

Martin Witherspoon

Partner

Martin provides advice and assistance with regard to Wills, Powers of Attorney and administration of estates at our West Bridgford Office.

Kirsten Wood

Kirsten Wood

Partner & Head of Wills and Probate

Kirsten Wood leads the firm’s Wills and Probate department and is a partner with over 18 years’ experience specialising in will drafting, tax, trusts, estate administration and lasting powers of attorney.

James Briggs is a,Senior Associate Solicitor in the Wills and Probate department at Rothera Bray Solicitors in Nottingham

James Briggs

Senior Associate Solicitor

James Briggs is a senior associate and private client solicitor at our Lace Market, Nottingham office.

Amelia Carruthers is a Senior Associate at Rothera Bray Derby.

Amelia Carruthers

Senior Associate Solicitor

Amelia Carruthers is a Senior Associate at Rothera Bray’s Derby office and is experienced in drafting wills, lasting powers of attorney, administering estates and providing tax advice and planning.

Sandra Garvey

Sandra Garvey

Senior Associate

Sandra is a Senior Associate in our Wills & Probate department based at our Market Harborough office and has over 35 years in experience in dealing in all areas of Wills & Probate.

Julie Graham

Senior Associate Solicitor

Julie is a Senior Associate Solicitor in our Wills and Probate department and is based at our West Bridgford Office.

Carly Harwood, Senior Associate Solicitor in Rothera Bray's Wills and Probate team

Carly Harwood

Senior Associate Solicitor

Carly Harwood is a Senior Associate Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Melissa Merry, Consultant in our Wills and Probate department

Melissa Merry

Consultant

Melissa Merry is a Consultant in our Wills and Probate department, with over 30 years of experience in private client work. Melissa is based at our Lace Market office in Nottingham city centre.

Eleanor Robinson, Senior Associate Solicitor in our Wills and Probate department

Eleanor Robinson

Senior Associate Solicitor

Eleanor Robinson is a Wills, Probate and Trusts specialist at Nottingham-based law firm Rothera Bray Solicitors and is based at our West Bridgford office.

Sarah Soo

Sarah Soo

Senior Associate Solicitor

Sarah Soo is a Wills and Probate specialist at Nottingham-based law firm Rothera Bray Solicitors and has specialised in private client work since she began her career. Sarah is currently based in our Beeston office.

Amy Goodwin

Amy Goodwin

Associate Solicitor

Amy Goodwin is an Associate in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Rebecca Lee

Rebecca Lee

Associate Solicitor

Rebecca is an Associate Solicitor in our Wills & Probate team based at our Leicester office.

Ed Granger

Ed Granger

Solicitor

Ed Granger is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Rebecca Holmes

Rebecca Holmes

Legal Executive

Rebecca is a Legal Executive in our Wills & Probate team. She is based at our Lace Market office.

Jasmin Marshall

Jasmin Marshall

Solicitor

Jasmin Marshall is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Charlotte Pinkham

Charlotte Pinkham

Solicitor

Charlotte Pinkham is a Solicitor in our Wills & Probate department. She is based at our Leicester office.

Alison Richardson

Alison Richardson

Legal Executive

Alison Richardson is a member of the wills, trust & probate team based at our Mapperley office.

Rebekah Royles

Rebekah Royles

Legal Executive

Rebekah Royles is a Legal Executive in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Sarah Singh, a Wills and Probate solicitor, is based at our West Bridgford office.

Sarah Singh

Solicitor

Sarah Singh is a solicitor within Rothera Bray’s Wills and Probate Department and is based at the firm’s West Bridgford office.

Laura WIndsor, Chartered Legal Executive

Laura Windsor

Chartered Legal Executive

Laura Windsor is a Chartered Legal Executive in Rothera Bray’s Wills and Probate department and is based at our Beeston office.

Libby Birt

Libby Birt

Private Client Executive

Libby Birt is a Private Client Executive in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Lacey Glover

Lacey Glover

Private Client Executive

Lacey Glover is a Private Client Executive in Rothera Bray’s Wills and Probate department. She is based at our Beeston office but can visit clients across the East Midlands.

Sallie Poultney

Sallie Poultney

Private Client Executive

Sallie is a Private Client Executive in the Private Client Department at our Market Harborough office. She advises clients on a range of private client services including Wills, Probate and Lasting Powers of Attorney.

Amanda White

Amanda White

Private Client Executive

Amanda is a Private Client Executive in the Private Client Department at our Leicester office. She advises clients on a range of private client services and has been handling her own caseload since 2014.

Toby Byford

Toby Byford

Trainee Solicitor

Toby is a Trainee Solicitor in our Wills and Probate department and is currently based at our Lace Market office.

Talita Fantauzzi

Talita Fantauzzi

Trainee Solicitor

Talita Fantauzzi is a Trainee Solicitor in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Jack Cooper

Jack Cooper

Senior Paralegal

Jack Cooper is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Anna Guy

Anna Guy

Senior Paralegal

Anna Guy has over 10 years’ experience of working in law firms, and 7 years’ experience of dealing with Wills and Probate matters.

Rochelle Hutton

Rochelle Hutton

Senior Paralegal

Rochelle works in the private client team at the Market Harborough office, having joined the firm in November 2024.

Hollie Moore

Hollie Moore

Senior Paralegal

Hollie Moore is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Lisa Warren

Lisa Warren

Senior Paralegal

Lisa Warren is a Senior Paralegal in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Beth Ault

Beth Ault

Paralegal

Beth Ault is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Derby Office.

Morgan Bramley

Morgan Bramley

Paralegal

Morgan is a Paralegal in our Private Client department and is based at the Lace Market office.

Brett James

Brett James

Paralegal

Brett James is a Wills and Probate Paralegal at Rothera Bray Solicitors and is based at our Lace Market office.

Michelle Kingston

Michelle Kingston

Paralegal

Michelle Kingston is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Elaine Langley

Paralegal

Elaine is a Paralegal in the Wills and Probate department based at the West Bridgford office

Jordan McBallantine

Jordan McBallantine

Paralegal

Jordan McBallantine is a paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Morgan McGahan

Morgan McGahan

Paralegal

Morgan is a Paralegal in our Wills and Probate department and is based at our West Bridgford office.

Janet Prentice

Janet Prentice

Paralegal

Janet Prentice is a Paralegal in Rothera Bray’s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham city centre.

Jessica Redden

Jessica Redden

Paralegal

Jessica Redden is a Paralegal in our Wills & Probate department and is based at our Beeston office.

Sarah Simpson

Sarah Simpson

Paralegal

Sarah is a Paralegal in our Wills & Probate department based at Market Harborough office.

Gill Subbarao

Gill Subbarao

Paralegal

Gill Subbarao is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Hannah Walker

Paralegal

Hannah is a Private Client paralegal based in the West Bridgford Office 

Georgia Weller

Georgia Weller

Paralegal

Georgia is a Paralegal in our Private Client team. She is based at our Market Harborough office.

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