what if probate isnt needed

Errata

If the bank accounts were in the deceased's name the banks wouldn't hand over any of the cash in any of the accounts without being satisfied by sight of a grant of probate if there was a will and uncle was an executor, or letters of administration granted by the probate office to the uncle if there wasn't a will.
If there was no will then intestacy rules apply.

dzug1

Errata wrote: »

If the bank accounts were in the deceased's name the banks wouldn't hand over any of the cash in any of the accounts without being satisfied by sight of a grant of probate if there was a will and uncle was an executor, or letters of administration granted by the probate office to the uncle if there wasn't a will.
If there was no will then intestacy rules apply.

Banks will not insist on probate/letters of administration if the amount in the account is small. They will pay it out to a relative who signs their form declaring he/she is entitled to it. I've not seen such a form myself but would imagine it includes an undertaking to distribute IAW the will or intestacy laws as appropriate. Even if it doesn't, they are legally obliged to do so.

And 'small' may be £5000 - I've even seen £10000 mentioned. It depends on the bank.

Errata

Apols - must have had my blonde head on !

McKneff

dzug1 wrote: »

Banks will not insist on probate/letters of administration if the amount in the account is small. They will pay it out to a relative who signs their form declaring he/she is entitled to it. I've not seen such a form myself but would imagine it includes an undertaking to distribute IAW the will or intestacy laws as appropriate. Even if it doesn't, they are legally obliged to do so.

And 'small' may be £5000 - I've even seen £10000 mentioned. It depends on the bank.

I remember this happening when my FIL died intestate.
All the sons and daughters had to meet at the bank and sign a form.
Only then would they release the money. I think there was about £12K

Shelldean

well I got access to my Nans money just by telling the bank I was next of kin and showing her death cert.
I then used the money to pay for her funeral, and settle her few bills, I then divided the remainder between her 8 gt grandkids. Not talking huge amount about £3500 when u inculded her pitiful life ins ( which I also claimed)

And for the record I wasn't next of kin, she had 3 surviving daughters ( one of which was my mother) but all refused to deal with the issue. I probably broke every rule in the probate book, but i don't care... i wasn't having my darling Nan lying in some mortary for wks cos no one would deal with funeral etc. I did however keep record of EVERY penny and where it went, and I also told the 3 daughters what I intended to do with any balance once everything was settled. No one objected so I carried on.

Payless_2

Myself and my brother had to apply for probate when my Dad died. It was a nightmare and took ages. Everything from that time seems a bit whoozy now looking back but we had to list all of Dad's accounts and assets and it was the sum total that decided whether probate is required. Even though it was obvious that Mam would get everything, this process still had to be carried out. I would have thought that the probate office would have to give you some sort of permission before you could go and draw money out of the deceased's accounts but I could be wrong. I often am these days.

Payless_2

Shelldean wrote: »

well I got access to my Nans money just by telling the bank I was next of kin and showing her death cert.
I then used the money to pay for her funeral, and settle her few bills, I then divided the remainder between her 8 gt grandkids. Not talking huge amount about £3500 when u inculded her pitiful life ins ( which I also claimed)

And for the record I wasn't next of kin, she had 3 surviving daughters ( one of which was my mother) but all refused to deal with the issue. I probably broke every rule in the probate book, but i don't care... i wasn't having my darling Nan lying in some mortary for wks cos no one would deal with funeral etc. I did however keep record of EVERY penny and where it went, and I also told the 3 daughters what I intended to do with any balance once everything was settled. No one objected so I carried on.

Neither the insurance or probate paid out before Dad's funeral so I don't blame you. It's different when someone decides to just help themselves to the money and ignores everyone elses rights though

Payless_2

McKneff wrote: »

I remember this happening when my FIL died intestate.
All the sons and daughters had to meet at the bank and sign a form.
Only then would they release the money. I think there was about £12K

Doesn't that depend on the honesty of the relative who is first at the bank though. The OP's uncle may have said that he was the only surviving relative

Shelldean

Payless wrote: »

Neither the insurance or probate paid out before Dad's funeral so I don't blame you. It's different when someone decides to just help themselves to the money and ignores everyone elses rights though

The insurance company was a bit slow and did scare me a bit. Because our funeral director was lovely and warned me several times that if i signed the forms for her funeral then I was liable for the cost should the insurance people not pay. I did however know there was almost enough money in her bank account to cover this cost. Nan really didn't have a lot to leave so didn't need probate.

Shelldean

Payless wrote: »

Doesn't that depend on the honesty of the relative who is first at the bank though. The OP's uncle may have said that he was the only surviving relative

My sis and I visited the Bank together and I just stated we was next of kin, and it was never questioned once. Nan died on the Saturday of the bank hol, I went into bank on Tues minus any paperwork etc and got the account stopped from DD etc. And went back on the wens with death cert. At the time it seemed the right thing to do,and we was pleased at how easy it was, esp as both sis and I were suffering due to recent lose. However looking back it was way too easy, bank took my word for everything. Maybe it helped that until recently before Nan and I had held a joint account, but even so waaaaaaayyyyy too easy