DIY probate

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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Good for you! Just take your time and don't be afraid to ask. Good luck.
  • Vaskor
    Vaskor Posts: 12 Forumite
    My brother and I went through the DIY route for our late mother. The estate had a number of complications which took us (me mostly) a great amount of time and effort to resolve, but I suspect this effort would have been multiplied immensely if we had to brief a solicitor unfamiliar with the exact details of our case. This also avoided the risk of a solicitor making mistakes with the complications, especially in a sensitive situation.
  • zagfles
    zagfles Posts: 20,317 Forumite
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    Vaskor wrote: »
    My brother and I went through the DIY route for our late mother. The estate had a number of complications which took us (me mostly) a great amount of time and effort to resolve, but I suspect this effort would have been multiplied immensely if we had to brief a solicitor unfamiliar with the exact details of our case. This also avoided the risk of a solicitor making mistakes with the complications, especially in a sensitive situation.
    Yes, and the other issue with a solicitor doing it is they'd have to do by the book - like a notice in the London Gazette for anyone who has a claim against the estate.

    If you knew the deceased well enough to know they had no debts you're not aware of, or the executor(s) are the beneficiaries and they'd end up paying anyway (through either a lower inheritance or a later claim) then you might not consider this necessary.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    zagfles wrote: »
    Yes, and the other issue with a solicitor doing it is they'd have to do by the book - like a notice in the London Gazette for anyone who has a claim against the estate.

    This would be the case if the solicitor became the executor.

    I employed a solicitor to do the work for me after Dad died because I wasn't well but I stayed as the executor. I had managed my parents' finances for years so I knew that there were no debts so I chose not to put a notice in the Gazette - it would have cost money and added several months to the process.

    The solicitor made a note that he had asked me and I had decided not to post the notice so his back was covered.
  • ERICS_MUM
    ERICS_MUM Posts: 3,579 Forumite
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    Tom99 wrote: »
    [FONT=Tahoma, sans-serif]DIY probate is very straight forward. I have done it three times.[/FONT]
    [FONT=Tahoma, sans-serif]Just take your time and work through the forms.[/FONT]

    I agree. I managed Mums estate last year - her flat, cash and insurance plus various debts owed and refunds required. I took my time and made sure I had all her docs and death certificate to hand. On the subject of death certificate - get a few certified copies as not all companies will accept photocopies.

    Unless the estate is complicated or likely to be challenged, I really think you could manage it yourself. Actually I'm shocked at how much that company want to charge you !

    Good luck. Take your time and if possible ask a family member or good friend to check that you have filled in the forms correctly and added up the figures correctly. Inheritance tax kicks in at quite a high level (can't remember what but it's over £200,00) so that might not be a concern for you.

    Sorry for your loss. Xx
  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,357 Forumite
    First Anniversary Name Dropper First Post
    Just check everything. The bank were supposed to repay benefits overpayment back to the DWP, but they didn't. Just as well I checked the closed account bank statement against my own records of what it should be -- then had to go through the paperwork from the IHT form to find out what was owed to whom.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Emsierose
    Emsierose Posts: 9 Forumite
    Hi OP

    Just to clarify a few issues here.

    The house in his sole name will most definitely trigger Probate, for which the mortgage will be offset against the value.
    The house held jointly will still be required to be declared, with 50% of the price quoted.
    You are covered by spousal exemption and would not face any inheritance tax. Provided the estate does not pass £1 million total, you can fill in the short inheritance tax form (205) which is much simpler.
    When applying for Probate the whole estate value would need to be listed - even the parts for which Probate is not required - so 1/2 the marital home, property in his sole name, his sole bank accounts, 1/2 of any joint bank accounts, any car, etc in his sole name.
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