Probate Solicitors in Runcorn & Cheshire

Probate is the legal process of proving the validity of a will to a court, and ensuring its terms can be legally carried out. Following this, the executor will be granted the authority to carry out the instructions within the will, including the management and distribution of assets and property.

If a will is not present or legally valid, an executor must still be named to administer the estate. This is often done through the grant of Letters of Administration.

When someone dies any money, property, or possessions owned by the deceased form part of their estate. The personal representative, who is a named executor (or the next of kin of someone who has not left a will) is in charge of managing and distributing the estate to any beneficiaries.

Before this can be done, the courts have to verify that the will is valid and confirm who has the authority to administer the estate.

The executor of a will is legally responsible for carrying out the instructions set out in the will after the person has died.

There are various administrative tasks involved which can be quite complex, putting you under more stress at what will already be a distressing time.

Duties of an executor or personal representative include:

• Registering the death
• Arranging the funeral
• Notifying the relevant authorities of the deceased’s passing
• Obtaining valuations for assets including property, possessions, and investments.
• Preparing financial documents and any necessary information to send to HMRC and the Probate Registry.
• Submitting an inheritance tax return
• Paying bills and settling any debts
• Setting up and dealing with any trusts
• Collecting assets and money due to the deceased person's estate and deciding when to sell the property.
• Distributing the remainder of the estate to the beneficiaries according to the will
• Keeping estate accounts

Our specialist probate solicitors can help to take care of the administrative tasks in a professional yet sensitive manner to make the process as straightforward as possible.

Whether or not a grant of probate is necessary depends on the requirements of the financial institutions where the assets are held.

Most financial institutions require probate on assets valued over £5,000 but that can increase up to £50,000 for some institutions. A probate solicitor can help you find out when you need to obtain a Grant of Probate.

No, there is no legal time limit to start the probate process after someone’s death.

However, we recommend obtaining the grant as soon as possible, so asset distribution can be completed timely. Avoiding delays will also make it easier to collect documentation, deal with taxes, and handle the executor's responsibilities. Acting promptly on the probate process benefits both executors and beneficiaries.

It is important to notice that Inheritance Tax must be paid within 6 months from the end of the month in which the death occurred.

In the UK once the application is submitted to the court, if done correctly, you can expect the court to accept the Grant of Probate in 12- 16 weeks, however longer processing periods are not uncommon lately.

It can take longer if they need you to supply additional information, which is why it’s important to get the application right the first time.

If there are any delays your probate solicitor can keep you updated and informed with any issues.

Yes, if a dispute arises around the terms of the will, or the estate administration process, you can apply to the probate registry for a caveat. This will effectively pause the probate process, preventing a Grant of Probate or Letters of Administration to be granted to executors, and no assets from the estate will be distributed until the dispute is settled.

If you have reasons to contest the will, you must do so within six months from the Grant of Probate issue. The team at Rowlinsons Solicitors can help you present a strong case for any will dispute, and settle any issues with executors or beneficiaries.

When someone passes away without leaving a will it is said they died ‘intestate.’ This means the administering of their assets and belongings passes under the rules of intestacy.

The responsibility for administering the estate will fall to the next of kin or closest living family member. The process of dealing with the estate is slightly different and the closest living relative will have to apply for a Grant of Letters of Administration to take control of the deceased's assets.

Yes, you will be able to pay for the funeral using funds from the deceased’s accounts.

Once the banks are notified of a death, they will sometimes freeze the bank accounts of the deceased. This is done to ensure proper procedure is followed regarding the distribution of funds and assets throughout the probate process.

If the costs of the funeral must be covered from the funds of the deceased, the law allows banks to release money directly to the funeral directors once they receive an invoice.

The process begins by identifying whether the deceased left a valid will. If so, the named executors are responsible for carrying out the instructions within it. The will must be proved as valid to the Probate Registry. If there is no will, the estate will be dealt with under the rules of intestacy, and a suitable administrator must be appointed.

Executors must apply for a Grant of Probate, which gives them the legal authority to manage and distribute the deceased’s estate. If there is no will, administrators apply for Letters of Administration. This application is submitted to the Probate Registry, often online, and must include relevant forms and the original will if one exists.

Executors must identify everything the deceased owned (assets) and owed (debts). This can include bank accounts, property, pensions, investments, and any outstanding loans or credit commitments. Accurate valuation is essential, particularly for inheritance tax (IHT) purposes.

Before probate is granted, any inheritance tax liability must be addressed. Executors must submit the appropriate IHT forms to HMRC, even if no tax is due. Where tax is payable, at least some of it must be settled upfront—usually from the estate itself.

Once probate is granted, executors can collect in the assets, pay off debts, and handle any final matters such as selling property. They are then able to distribute the estate to the beneficiaries in line with the will or intestacy rules.