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Individual / Wills Trusts & Probate

Probate Solicitors Stockport & Manchester

When someone dies, the person responsible for sorting out their affairs faces a great deal of paperwork, legal responsibility and, often, inheritance tax, all at the hardest of times. Our probate solicitors in Stockport take that burden on for families across Greater Manchester, the North West and nationally, handling as much or as little of the estate administration as you need.

To speak to our team, call 0161 930 5151, email willsteam@gorvins.com or use our online contact form for a confidential, sympathetic discussion.

What is probate?

Probate is the process of proving a will is valid and giving the executors the legal authority to deal with the person’s estate, meaning everything they owned. That authority comes in the form of a document called a grant of probate. Once the executors have the grant, they can collect in the assets, pay any debts and inheritance tax, and distribute what remains to the beneficiaries named in the will.

Where there is no will, the person is said to have died intestate. A close relative applies instead for a grant of letters of administration, which gives similar authority, and the estate is shared out according to the intestacy rules rather than the deceased’s wishes. Together, grants of probate and letters of administration are known as grants of representation. Our team handles both.

When is probate needed?

Probate is not always required. Whether you need it depends mainly on what the person owned. It is usually needed where the deceased owned property or land in their sole name, or held significant savings, shares or investments. Many banks and other institutions set their own threshold, often somewhere between £5,000 and £50,000, above which they will not release funds without a grant. Assets owned as joint tenants, such as a jointly owned home or a joint bank account, normally pass automatically to the surviving owner and do not form part of the estate that needs a grant. If you are not sure whether probate is needed, we can advise you quickly at the outset.

The estate administration process

Administering an estate involves a series of steps that must be done in the right order and with care, because the executors or administrators (together, the personal representatives) are personally responsible for getting it right:

  • Register the death and locate the will, and identify the executors.
  • Value the estate, listing all assets and debts as at the date of death.
  • Deal with inheritance tax. Report the estate to HMRC and pay any inheritance tax due. For most estates that are not taxable (known as excepted estates), the figures are entered directly in the probate application; a full inheritance tax account is only needed where the estate is taxable or otherwise does not qualify as excepted.
  • Apply for the grant of probate or letters of administration.
  • Collect in the assets, close accounts, sell or transfer property and settle debts.
  • Place statutory notices for creditors where appropriate, which gives unknown creditors two months to come forward and protects the personal representatives.
  • Prepare estate accounts and distribute the estate to the beneficiaries.

A point that catches many executors out is that inheritance tax generally has to be paid before the grant can be issued, yet the money to pay it is often locked up in the estate until the grant arrives. We help manage that timing, including using arrangements that let tax be paid from the deceased’s accounts or in instalments where property is involved.

Inheritance tax and the estate

Inheritance tax is charged at 40% on the value of an estate above the available allowances, with a reduced 36% rate where at least 10% of the net estate passes to charity. Most estates pay nothing, because they fall within the nil rate band or pass to an exempt beneficiary such as a spouse or charity. Where tax is due, it must usually be paid, at least in part, before the grant issues, and any tax must be reported and paid by the end of the sixth month after death to avoid interest. Our team deals with the inheritance tax reporting as part of the administration, and can advise on reliefs, exemptions and deeds of variation. If you are planning ahead rather than dealing with a death, see our inheritance tax planning service.

How long does probate take, and what does it cost?

Timescales vary considerably. Getting the grant itself has become faster for straightforward online applications, but the full administration of an estate commonly takes between six and twelve months, and longer where there is property to sell, inheritance tax to resolve, foreign assets or any dispute. Applications that are “stopped” by the Probate Registry because something is missing or does not match can add months, which is one reason careful preparation matters.

There is a court application fee to obtain the grant. From 13 July 2026 this is £526 for estates worth more than £5,000, with no fee at all for estates of £5,000 or less. Ordering extra official copies of the grant at the same time as the application costs £2 per copy. These court fees are separate from our own fees for administering the estate. We are transparent about our charges from the outset, and you can see indicative figures on our estate administration pricing page. Because court fees change, always check the current figure on GOV.UK before applying.

What if there is a dispute?

Sometimes the administration of an estate is not straightforward: a beneficiary or family member may question the validity of the will, an executor may not be acting properly, or someone may feel they were not adequately provided for. These are matters for our will disputes and contentious probate team, who can advise separately. It is worth knowing that anyone wishing to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 generally has just six months from the date of the grant to do so, which is why executors are often advised to wait out that period before making final distributions.

How Gorvins can help

Gorvins is a Legal 500 recognised firm based in Stockport, advising clients throughout Greater Manchester, Cheshire, the North West and across England and Wales, and recognised in the Chambers guide for private wealth law. Every member of our probate team is STEP qualified or working towards the qualification, the leading professional standard for this work.

We tailor our service to what you actually need. Some clients want us to handle everything from start to finish; others simply need help obtaining the grant and are happy to do the rest themselves. Either way, we explain things in plain English, keep you informed and deal with the estate efficiently and sensitively. Where we have stored the deceased’s will, or where the will was made elsewhere, we can trace it through the National Will Register. We are used to handling estates involving property, businesses, trusts and inheritance tax, as well as intestacies where there is no will at all.

To talk to us about an estate, call 0161 930 5151, email willsteam@gorvins.com or complete our online enquiry form.

FAQs

Q: How long does the probate process usually take?

A: A straightforward estate might take between 9 to 12 months to fully administer. However, complex estates, especially those involving property sales, business assets, or disputes, can take significantly longer. We will give you a more accurate timeline once we understand the specifics of the estate and as the estate administration proceeds.

Q: Is probate always required when someone dies?

A: No, not always. If the deceased owned all their assets jointly with a surviving partner, these will usually pass automatically. Likewise, very small estates with assets below a certain threshold (typically around £5,000) may not require a formal Grant of Probate and may only need the personal representative to sign an indemnity. We can quickly advise you if probate is necessary in your circumstances.

Q: What happens if the person who died had debts?

A: All of the deceased’s debts and funeral expenses must be paid from the estate’s assets before any money or property can be distributed to beneficiaries. As an executor, it is your legal duty and personal responsibility to ensure all creditors are paid.

Q: When is Inheritance Tax paid?

A: Inheritance Tax (IHT) must be paid to HMRC by the end of the sixth month after the person’s death. Crucially, you will usually need to pay at least some of the IHT bill before the Grant of Probate is issued by the Court. We handle all calculations and advise on the options for funding this payment.

Q: What is the difference between an Executor and an Administrator?

A: An Executor is the person (or people) named in a Will to carry out the deceased’s wishes. An Administrator is the person appointed to manage the estate under strict legal rules when someone dies without a Will (intestate). Both roles have very similar legal responsibilities and the overall term for both is a “Personal Representative”.

Q: What documents do I need to start the process?

A: To begin, the most important documents are the original Will (if one exists), the original death certificate, and details of the deceased’s assets and liabilities (such as bank statements, property deeds, and recent bills). Don’t worry if you don’t have everything; we can help you gather the necessary information.

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