Probate Information with no Will - HELP

WATTY1978

Hi

My father passed away recently and i am trying to sort out all the paper work. He never married or lived with his partner so it appears everything is left to me and my brothers.

I have scoured the internet for advice but i am still just fumbling my way around all the paper work. Can anyone help clarify what happens in the case of there being no will and how long the process is likely to take?

We did find a draft unsigned will so its invalid. i understand we have to apply to probate for them to give me proof that i can deal with the estate.

Its a small estate consisting of bank accounts and couple of isa's. The house he owned was bought for his mother who is still alive, it was in joint names so it automatically transfers to her (i think).

According to the internet advice because he was not married the probate should just grant the administration rights to either me or my brother and we can split any money between us.

To me it appears to be 'too straight forward' and i feel like i am missing something. Because its such a small estate (ie. 30k) to deal with i don't particularly want to go through a solicitor, has anyone done this before that can offer some advice.

I'm not very old and neither me or my brother have experience of anything like this.

I'm just wondering if i have over looked something and taken too much on?

Help appreciated, Thanks

NorthernLas

The direct giv site has lots of good information on it http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/index.htm

Probate is required for estates over £5000. It depends on how the house was owned (jointly or tenants in common) as to whether his half goes into the estate.

I think it is relatively simple to do without a solicitor. Both my sister and BIL have done this for estates.

I am not sure on the hierachy of parents and children ... your father's mother may also share his estate.

WATTY1978

Thanks, i believe they are joint owners.

The direct site is pretty good thanks, it gives a priority list on the probate site too which states 1. husbands, wives and civil partners first. 2. children 3. the persons parents .....then the rest of the order etc

Any idea how long this take anyone?
thanks

Mojisola

Are you sure there isn't a will? We have unsigned copies of our wills at home. They are the final drafts of the wills which were sent to us to check over. Our signed wills are kept elsewhere in safe storage.

It would be worth checking with local solicitors to make sure there isn't a will.

Mojisola

WATTY1978 wrote: »

The house he owned was bought for his mother who is still alive, it was in joint names so it automatically transfers to her (i think).

There are two ways of owning a house - joint tenants and tenants in common. If your father and grandmother owned the house as "joint tenants" then the house will be your grandmother's. If they owned the house as "tenants in common" then they each owned half the house and your father's half will be part of his estate.

Corrected: as Errata - each owns part of the house - the split can be any percentage.

Errata

Tenants in Common can specify the split, can be 50/50, 60/40 or another percentage.

Hawkeye4aneye

Mojisola wrote: »

Are you sure there isn't a will? We have unsigned copies of our wills at home. They are the final drafts of the wills which were sent to us to check over. Our signed wills are kept elsewhere in safe storage.

It would be worth checking with local solicitors to make sure there isn't a will.

Also make sure there isn't a will with a Will Writing organisation as these and Solicitors have the signed ones and copies of the wills kept at home. If this one you found is typed up then the original could possibly be kept elsewhere in safe storage. Was there a Solicitors/Company name on any of the paperwork or the copy will including a reference number
Its expensive checking with all solicitors to make sure there isn't a will. You could try the firm that dealt with the property at least.

**curlywurly**

May I suggest that you invest in the Which book Wills and Probate eg from Amazon. It talks you through the process. You don't need a solicitor for a straightforward probate, but be aware that it is quite time consuming. You do need to know how the house was held, as others have said above. good luck.

MotownFox

Errata wrote: »

Tenants in Common can specify the split, can be 50/50, 60/40 or another percentage.

But the 50/50 version is by far the most common (so to speak) as this is usually done by completing a Severance of Tenancy or when purchasing the property. To do any other percentage split needs a specific Deed which would be done at a Solicitors office.

The best way to check which it is (T in Common or Joint Tenancy) is to either look at the deeds or to contact the Land Registry (if no one else has mentioned this yet) although the wording on the relevant page of the Land Registry document or the Transfer Deed/Conveyance can be confusing.

Quite often with age gap joint ownership (as in this case) you do find that it is Joint Tenancy as the younger is normally expected to outlive the elder and transfer of ownership is then just dealt with by lodging the death certificate at the Land Registry, rather than have to go through Probate. In this case the elder one survived but the principle is still the same. Do not forget lodging the death certificate at the Land Registry as otherwise you may have problems when your grandmother dies.

As to getting Probate for the cash/bank assets the process can take a while but can be quick if you get all the information together quickly via the banks,(account balances with any interest accrued), plus any insurance details etc. The staff at Probate Courts are usually very helpfull, but look up the information as mentioned in this thread already so you are aware what is required

WATTY1978

Thanks i have now made an application to probate, they were very helpful so will just wait and see.

No luck tracking down a final will but they advised to include the draft will and fill in the forms so they could make a decision. there isnt anyone to contest anything so will hopefully be pretty straight forward.

Appreciate all the advice.