Administering an estate solicitors

In Scotland, the responsibility for Executry Administration falls to the executor, either designated in the deceased’s Will or appointed by the court in cases of intestacy. This role, often assumed by a family member or a professional such as an executry solicitor, involves managing all aspects of estate administration work, including obtaining confirmation, handling bank accounts, property, debts, and filing necessary inheritance tax forms.

Executry lawyers and law accountants assist executors in navigating these complex tasks, particularly in managing large estates or where the executor lacks experience. An initial meeting with an experienced solicitor is crucial for understanding the process, duties involved, and ensuring a legally compliant administration of the loved one’s estate.

When a person dies their estate (which includes the person’s property, money and possessions) must be ingathered and distributed. This is called ‘administering the estate’ or Executry Administration.

Executry Administration in Scotland involves an executor – often aided by a solicitor -managing and distributing a deceased’s estate, including property, bank accounts, and debts. This process entails obtaining ‘Confirmation’ from the court, valuing the estate, and dealing with complexities like inheritance tax forms, especially in large estates. Executry solicitors work closely with executors and family members, ensuring the administration of the estate is respectful, legally compliant, and in line with the deceased’s wishes, handling necessary documentation like tax returns and providing essential advice throughout the process.

The first stage is to gather precise details of the deceased’s assets and liabilities. The next step is to prepare an inventory of the assets and liabilities, which inventory is then submitted to the Court in order to obtain Confirmation. Thereafter, the Executor must settle any outstanding liabilities before distributing the deceased’s estate in terms of their Will, or if there isn’t one, in terms of the laws of intestacy.

Confirmation is a legal document issued by the Sheriff Court, also commonly known as probate. It gives the Executor authority to uplift money and other property belonging to a deceased person from the holder (i.e. a bank) and to administer and distribute it.

Yes, if the Executor does not want to carry out their duties personally they can instruct a solicitor to act on their behalf. This is often advisable, particularly in more complex estates.

In Scotland, an executor appointed to manage a deceased’s estate can enlist the help of solicitors or a law accountant for the executry administration process. These professionals ensure accurate assessment and efficient management of the estate. Executry solicitors can provide guidance through each step of the process, from valuing the estate to distributing assets to beneficiaries.

The time taken to administer the estate varies and depends on the type and nature of the estate. The general rule is that an estate should not be wound up in the first six months following the death. However, more complex estates can take longer to deal with.

The cost of administering an estate again varies depending on the size and nature of the estate. To ensure that a fair and reasonable fee is charged we arrange for our files to be independently assessed by a Law Accountant.

If the deceased died leaving a Will (testate) they will have nominated who they would like to benefit from their estate. If the deceased died without leaving a Will (intestate), however, their estate will be distributed in terms of the laws of intestacy.