Who deals with estate administration?

Who deals with estate administration depends on whether there was a Will in place at the time of the death and where they were domiciled. In this article, we will look at what estate administration is, who deals with it, and some of the responsibilities of a Personal Representative (PR).

What is estate administration? 

Estate administration refers to the process of dealing with all of a deceased individual’s assets, debts, and taxes before distributing the inheritance to the beneficiaries. This must be done in accordance with the wishes in the Will (if applicable). However, even estates where the deceased passed away without a Will need to be administered. 

The estate consists of all assets (possessions, property, money, savings, investments, pensions, and anything else owned) minus debts and taxes. Once this has been finalised, estate accounts can be produced, and the final value can be distributed to the beneficiaries; this is the final step of the estate administration process. 

Who deals with estate administration? 

In England and Wales 

If there is a Will, there should be a named Executor. They will be responsible for administering the estate or instructing a professional provider to undertake the work on their behalf. Additionally, they will be named on the Grant of Probate, which gives them the authority to deal with the estate. 

If there is no Will, the estate is known as intestate. An Administrator will be appointed to deal with the estate administration – this is usually the deceased’s next of kin, spouse, civil partner, or children. If no immediate family members exist or are alive, the next of kin is found using the rules of intestacy in England and Wales.  

The Administrator will have to apply for a Letter of Administration before they will be able to deal with the estate. Similar to an Executor, an Administrator can appoint a professional provider to deal with the estate administration on their behalf. 

In Northern Ireland 

Similarly to England and Wales, if there is a Will, a named Executor will deal with the estate and will be named on the Grant of Probate. There can be as many as four named Executors.  

If there is no Will, the rules of intestacy will have to be followed to find an Administrator. For more information, refer to Northern Ireland Direct Government Services.

In Scotland 

If there is a Will left and it complies with legal requirements in Scotland, then you will have to obtain a Confirmation for a small or large estate, depending on what is left by the deceased.  

If they did not leave a Will, then you may have to get a Bond of Caution before you apply for Confirmation of the estate. If it’s a large estate, you will need to apply to be appointed as Executor, using the dative petition procedure. It’s recommended that you seek a legal professional to help with this. For more information, refer to the Scottish Court and Tribunals Service. 

Outside of England, Wales, Northern Ireland, and Scotland 

If you're wondering who deals with estate administration outside of England, Wales, Northern Ireland, and Scotland, please refer to the estate administration rules in the country where the deceased was domiciled. 

What does estate administration involve? 

There is a wide range of tasks to be completed during the estate administration process, and every estate is different, which makes it hard to predict what will be involved, but this could include: 

• Gathering information;
• Preparing tax forms and applying for probate;
• Closing accounts;
• Completing the legal work;
• Selling and transferring assets and paying debts;
• Selling property;
• Finalising tax work;
• Producing estate accounts.