Dealing with the estate of a loved one after they have passed away can be a deeply emotional and complex task. Executors are often family members or close friends who may be unfamiliar with the legal and financial intricacies of probate. While the process can seem straightforward at first glance, it involves a range of responsibilities, and even a minor oversight can cause significant delays, financial complications or legal disputes. At Premier Solicitors, we work with individuals and families throughout the UK to ensure probate is handled smoothly, legally and with care. Based on our extensive experience, we have identified a number of common mistakes that people make during probate. Understanding these pitfalls in advance can save time, reduce stress and help ensure the estate is administered efficiently and correctly.
1. Delaying the Start of the Probate Process
One of the most common mistakes is simply delaying the process.
Understandably, dealing with paperwork is often not a priority during a time of mourning. However, it is important to begin gathering the necessary information and taking initial steps as soon as reasonably possible.
Delays in registering the death, locating the will or assessing the estate can have knock-on effects that slow down the entire process. In cases where inheritance tax is due, interest begins to accrue if payment is not made within six months of the date of death.
Acting promptly helps prevent unnecessary penalties and financial strain on the estate.
2. Failing to Locate or Validate the Original Will
Only the original will is legally valid for probate. Many executors are surprised to learn that a copy or digital scan of the will is not sufficient. Losing the original document or submitting an unsigned or incomplete version can result in the application being rejected or delayed.
In cases where the will cannot be found, the estate is often treated as intestate (without a valid will), even if a copy exists. This can fundamentally change how the estate is distributed and who is entitled to inherit. To avoid this issue, always locate the most recent, original signed will before beginning the application.
3. Incorrectly Valuing the Estate
Accurate valuation of the estate is essential, both for completing the probate application and for calculating inheritance tax. Executors must value all assets and liabilities at the date of death, including property, investments, bank accounts, pensions, personal belongings and outstanding debts.
Overestimating can lead to excessive tax payments, while underestimating can result in penalties and interest from HMRC. In some cases, errors in valuation may even be considered a breach of the executor’s legal duty. Where values are uncertain, particularly for property or business interests, it is advisable to obtain a professional valuation.
4. Submitting Incomplete or Incorrect Inheritance Tax Forms
Completing inheritance tax (IHT) forms is one of the most complex parts of the probate process. Executors must determine whether the estate is liable for tax, claim any available allowances or exemptions, and submit the correct forms to HM Revenue & Customs before applying for probate.
Errors on IHT forms are one of the leading causes of delays in probate. Common mistakes include missing sections, incorrect calculations or failing to include certain assets.
These issues often trigger queries from HMRC, which can delay approval of the probate application for several weeks or even months.
If you are unsure which IHT form to complete or how to calculate the estate’s value accurately, seeking professional advice at an early stage can prevent costly errors.
5. Overlooking Debts and Liabilities
Executors are legally responsible for ensuring that all debts and liabilities of the deceased are paid before any distributions are made to beneficiaries. This includes outstanding mortgages, loans, utility bills, credit cards and tax liabilities.
A frequent mistake is distributing the estate too early, before confirming all debts have been settled. If creditors later come forward, the executor may be held personally liable for any shortfall. To avoid this risk, it is advisable to place a statutory notice in The Gazette and local newspapers, giving creditors the opportunity to make a claim.
6. Disputes Between Executors or Beneficiaries
Disagreements between executors, or between executors and beneficiaries, can bring the probate process to a standstill. Common sources of conflict include differing views on how the estate should be managed, disagreements over the sale of property or suspicions about the contents of the will.
If multiple executors are named, they must act jointly and agree on key decisions. Where this is not possible, legal intervention may be required, which can delay the process and increase costs.
To minimise the risk of disputes, maintain open and transparent communication with all parties. If tensions arise, consider appointing a neutral solicitor to act as an intermediary or professional executor.
7. Misunderstanding Legal Duties and Responsibilities
Being an executor is not just a practical role, it is also a legal one. Executors are fiduciaries, which means they have a legal duty to act in the best interests of the estate and its beneficiaries. Failing to comply with these obligations can result in personal liability.
For example, an executor may be held responsible for losses caused by delays, failure to pay taxes or improper distribution of assets. In serious cases, legal claims can be brought against executors by beneficiaries or HMRC.
Understanding your responsibilities from the outset and keeping detailed records of all decisions, communications, and financial transactions can help ensure you fulfil your role correctly and lawfully.
8. Attempting to Manage a Complex Estate Without Legal Support
Some executors choose to manage the probate process themselves to save costs. While this may be appropriate for small, simple estates, it is not recommended for more complex cases, such as those involving:
- Inheritance tax liability
- Foreign assets or property abroad
- Business ownership
- Disputed wills
- Multiple beneficiaries or estranged family members
In these situations, seeking professional legal advice is not only advisable but often essential. A probate solicitor can ensure that all aspects of the process are handled correctly, reducing the risk of costly delays or errors. In many cases, their involvement ultimately saves time and money for the estate and its beneficiaries.
The probate process can be challenging, particularly for those unfamiliar with legal and financial administration. By being aware of common mistakes, such as delaying the process, misvaluing the estate, submitting incorrect forms or failing to manage liabilities, executors can avoid the pitfalls that so often lead to delays, disputes or personal liability.
At Premier Solicitors, we understand the responsibilities and pressures that come with acting as an executor. Whether you are managing a straightforward estate or facing a more complicated probate matter, our experienced team is here to provide expert guidance and support every step of the way.
Premier Solicitors is a leading UK law firm staffed by regulated solicitors devoted to providing a professional and affordable legal service in a comprehensive range of legal services such as probate and estate administration.
For more information, please call us on 01234 358 080 or visit our contact page to send an enquiry form.
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