Probate and Estate Administration

A Personal Representatives Guide

Except in the case of jointly owned property which passes automatically to the surviving owner(s) or very small estates, a deceased person’s estate will have to be dealt with by Personal Representatives (PRs).

Anyone asked to be a Personal Representative should understand what is involved. If you need information or advice talk to a solicitor as soon as possible. There is no need to worry about your responsibilities and feel you have to shoulder them alone.

We can advise free of charge whether or not PRs have to be appointed. Please do not hesitate to contact Ian Galbraith to arrange an appointment to discuss this further.

What are "PRs"?

• Either people named in a Will to act as executors; or
• If there is no Will, the next of kin known as administrators.

There are usually two PRs, but one can act alone and a maximum of four may act together often a friend or relative is chosen to act either alone or jointly with a solicitor.

What do "PRs" do?

• Find out the value of what the deceased owned (estate)
• Pay from the estate unpaid debts of the deceased
• Distribute rest of the estate to beneficiaries.

How long does this take?

The time taken to wind up an estate is extremely variable depending on many factors. We are happy to give an estimate of the time taken (and costs involved) in order to wind up an estate should you wish to discuss this further with us.

Do PRs have to go to Court?

No; but unless the estate is very small (say under £5,000) most PRs will need to obtain what is called a Grant of Representation from the Probate Registry of the High Court, but this does not mean they have to appear in court or go in the witness box. Where PRs have the help of a solicitor, the application for the grant can be made by post (otherwise you would have to visit the Probate Registry). PRs would only become involved in a court case or court proceedings if there were a very serious dispute about the estate, and this is rare.

What is a Grant of Representation?

A court order called:

Where there is a Will - Grant of Probate
Where there is no Will - Grant of Letters of Administration

To avoid personal attendance at Court we can apply for the Grant on your behalf - a court fee is payable.

Must PRs act if they have been appointed in a Will or if they are next of Kin if they do not want to?

No, they always have the choice, but must choose before they start acting as a PR. Choosing not to act as executor is called renouncing, and an administrator who does not want to act is passed over.

What if someone wants to stop being a PR?

Once the administration of an estate has begun, a PR cannot drop out if, for example, he or she has a change of mind, or if things turn out to be more difficult than expected, a PR can apply to retire for a good reason, such as ill health. It is important to know in advance what being a PR involves.

Will it cost me anything to act as a PR?

Solicitors fees are paid out of the estate. Of course, if you get personal advice from the solicitor - for example, about investing what you have inherited - you will have to pay for this yourself in the ordinary way.

What are the main duties and obligations on PRs?

• Put the interests of the beneficiaries before their own interests, and
• Act in the interests of the estate, rather than themselves.

In addition, they must not make a profit from their position unless authorised and they must scrupulously account to the beneficiaries for all the money passing through their hands. Their task should be carried out, as the law says, 'with due diligence' and PRs should act reasonably and prudently in relation to the estate property. PRs who act wrongly may have to pay compensation to beneficiaries out of their own money.

Can PRs be beneficiaries too?

Yes

Are there any problems for PRs who are beneficiaries too?

There are no worrying problems, but PRs should always bear in mind their dual role. Their main role is as PR. As such they must act in the interests of the estate, and must not put their own interests first.

What information will I need?

You should be able to find most of the details you need at the beginning from sorting through the deceased's papers. However, we do recommend that you should seek advice at this stage, particularly if matters appear complicated.

Is there a difference between Trustees and PRs?

Trustees hold money or property for other people (children for example) and many of the legal requirements on trustees apply to PRs. PRs' position is slightly different, though, as they are only in charge of someone's estate for a particular purpose - primarily, to pay the deceased's debts and hand the remainder over to the beneficiaries and wind up the estate. PRs may become trustees after the administration of an estate has been completed if, for example, the beneficiaries are still children.

Information on the above and other matters can be obtained from Age Concern factsheets which are very readable and are updated on a regular basis. You may also find it useful to refer to our Explanation of Legal Terms which give brief explanations of the legal terminology used during the administration of estates.

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