probate

jetcat

hi
could someone please explain this to me in simple terms, as i am soooo confused!

been helping family members with benefit forms today (death of future ex mil) and have been filling in various funeral benefit forms. to which the question of probate came up. Mil had very little money (on benefits herself) though she did have insurance which pays off the mortgage and leaves a little over, which mil wanted to use to pay for the funeral. Trouble is, bank are refusing to release money just yet (not too sure of all the details around that)

She didnt leave a will - is probate something that has to be done? how long does it all take, and what does it involve. I know the fa[mily could involve solicitors etc but they are obviously grief stricken (she was only diagnosed 4 months ago)

littleemmie

if the total of her estate is less than a certain amount then no you do not have to get probate. I can't remember the figure though so this is probably pretty useless to you!! :rolleyes:

sloughflint

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=740

Letters of Administration
Letters of Administration are issued when the deceased person has not made a will, or the will they have made is not valid.
Is a grant always needed?
Not every estate needs a grant. A grant may not be needed if:
• the home is held in joint names and is passing by survivorship to the other joint owner(s). This can be the case for married couples and those in a legal civil partnership.
• there is a joint bank or building society account. In this case, the bank may only need to see the death certificate, in order to arrange for the money to be transferred to the other joint owner. However, a grant could still be needed to access assets held in other bank accounts or insurance policies.
• the amount held in each account was very small. You will need to check with the organisations (banks, building societies or insurance companies) involved to find out if they will release the assets without a grant.
If none of the circumstances above apply, a grant may be required.
You should ask anyone holding the deceased’s money (such as a bank or insurance company) whether they will release it to you without seeing a grant. If they agree, they may attach conditions such as asking you to sign a statutory declaration before a solicitor. You can decide whether it is cheaper or easier to do this than to apply for a grant.
Please note that a grant must be presented in order to sell or transfer a property held in the deceased’s sole name or a share of a property held jointly with the deceased person’s spouse or partner as tenants-in-common. Tenancy-in-common is a written agreement between two people who own a joint asset (usually land or buildings). Normally, a married couple does not have a tenancy-in-common contract. If you aren’t sure about this, you should consult a solicitor.
You cannot complete a sale on any property owned by a deceased person until the grant has been issued. Properties named in a will should not be put up for sale until a grant has been obtained.
Who can apply for probate?
It isn’t necessary for everyone left money or property in a will to apply for probate. Usually, only one person needs to do it – normally the executor(s) named in the will.
However, if the person entitled to the estate is under 18, two people are legally required to apply for probate. If this is the case we will let you know when we receive your application.
You can apply for probate if you are over the age of 18 and:
• you are an executor named in the will;
• you are named in the will to receive some or all of the estate (if there are no executors, or if the executors are unable or unwilling to apply);

http://www.hmcourts-service.gov.uk/infoabout/civil/probate/applications.htm

Applications made in person

Just under one third of applications are made by applicants acting in person. The fee payable to the Probate Service when making a personal application is £90(PDF 68KB), but where the estate is £5,000 or less, no charge is made.

sloughflint

jetcat wrote: »

how long does it all take, and what does it involve.

This might be a useful read:
http://www.netprobate.co.uk/ProbateGuide/guide.htm

jetcat

thanks guys. from what i can gather, it is the bank who are being awkward - her insurance money was received into her bank account a day before she died, and the family need to access it to pay off the mortgage to the same bank!!! It is not a huge amount (in mortgage terms) but more than the £5000 i saw quoted somewhere. I think they are worried that the longer the whole process takes, the more money they will have to pay out in the short term.

After doing more reading, i am gathering that they need to apply for grant of letters of administration - is that something they can do themselves - ie. download the forms etc?

sloughflint - many thanks!!! (and to the other posters aswell!) that is what i was looking for - i had found the PA1 form but couldnt figure out if that was for the letters of admin as well!

localhero

If the money in the bank account was greater than £5000, then it is likely you will need to apply for probate in order for the bank to release it.

This is a fairly straightforward process that the family should be able to do themselves. The whole process should take between 3 and 6 months and your local probate registry will be able to help you.

You will receive the necessary forms from the Probate Registry including the guidance notes, but essentially you will need to complete a PA1 and IHT205.

With regard to the funds for the funeral, the undertakers will usually not require payment immediately, and are generally very understanding in situations such as yours.

When you receive their invoice, if you send it to the bank with a covering letter, they will usually make payment directly to the undertakers irrespective of whether or not probate has been granted.

If there is a surviving widower you might also like to look into whether they qualify for any benefits. These are: 1) Bereavement Payment - a tax free lump sum of £2000; 2) Widowed Parents' Allowance - a taxable weekly benefit; and 3) Bereavement Allowance - a taxable weekly benefit for 52 weeks, to replace Widow's Pension.

All three of these depend on the deceased spouse having made the necessary NI contributions and are payable to spouses (but not co-habitees). Claim forms are available from the DWP and claims must be made - as they are not paid automatically.