The process of probate

Buster_Danog

Does anyone here know about what happens when one applies for probate? I seen information somewhere to indicate that the probate people ask you to fill in a family tree - as in giving details of brothers and sisters of the deceased. Is this true?

Also, has anyone heard about placing an ad in a paper so that anyone looking for unpaid debts only has two months from the time the ad is placed to come looking for the money by law?

dzug1

The probate people ask about relatives (particularly where there is no will) so that they can determine who is actually entitled to take out probate.

Advertising for debts is quite common but not mandatory. And no, they don't have just two months to chase the debt. What happens after two months is that the executors cease to have personal liability for the debt. After that it's still a debt on the estate , but it's the beneficiaries who have to be chased, not the executors.

The executors DO have a duty to identify all debts - they can't just advertise and hope for the best. That's only to root out obscure ones that they might not have noticed.

monkeyspanner

There is a section on the probate form for the executor to fill in the number of relatives but there is no need to specify names etc.

sagalout1954

Info on Probate here http://www.hmcourts-service.gov.uk/cms/infoabout.htm Under 'P' obviously!

Buster_Danog

monkeyspanner wrote: »

There is a section on the probate form for the executor to fill in the number of relatives but there is no need to specify names etc.

Is this also the case were the person died intestate, or would that be a different form?

monkeyspanner

Sorry not sure about that, there is a very good helpline run by the probate service
http://www.hmcourts-service.gov.uk/infoabout/civil/probate/helpline.htm

You might also find this useful
http://www.communitylegaladvice.org.uk/en/legalhelp/leaflet10_8.jsp

localhero

Sergeant troy, are we talking about dealing with the estate of someone who died with or without a Will?

rarrarrar

Probate isn't always required.
Look at HMCS form PA5 (Her Majesties Court Service) for some guidance.
I have just sorted out my mother's estate - ( it all went to my father), there was no property , a joint bank account, and 2 or 3 ISAs and National Savings accounts.
All of these financial services would pay out the assets without the need for probate usually with a limit of £15,000 to £25,000.
In most cases all I had to provide was a certified copy of the will ( solicitors who had stored the will provided copies free on request), letters from the other executors renouncing their appointment and official copies of the death certificate.

flossy_splodge

Is it not the case that for Probate to be granted the whole estate needs to be valued?
If someone has faileed to do this, does it invalidate the granting of Probate?
Guidance welcomed.:o

dzug1

flossy_splodge wrote: »

Is it not the case that for Probate to be granted the whole estate needs to be valued?
If someone has faileed to do this, does it invalidate the granting of Probate?
Guidance welcomed.:o

Doesn't invalidate the granting of probate, but it may mean:

they have defrauded the taxman
and/or
they have defrauded beneficiaries if the non-valued assets have been distributed wrongly