Probate

10_66

I'm not sure exactly where to post this question, but thought I'd have a go here.

A relative has recently died, and although a will had been made, the executer has been told that they still have to apply for probate. We don't know why, when a will has been made, not having gone through this experience before, none of us are sure of the procedures (we thought that if a will had been made, probate wasn't needed).

The executer is also a third party signatory on the deceased's bank account, but has been told that now the account holder has passed away that they can no longer operate the account. How then are any bills paid that arise (that aren't already on direct debits), and can any existing direct debits continue? And conversely, can any direct debits be cancelled that are no longer needed?

opinions4u

The executor is required to obtain probate if the value of the estate is over £5k. Some banks will release funds above this without probate in certain circumstances, although if there's any property involved the situation becomes immediatey more complex.

The executor is responsible for paying the bills, or negotiating with creditors, and can claim funds back from the proceeds of the estate. Banks will cancel all direct debits on the deceased account.

At present it doesn't sound like anything is wrong. The probate and will become public documents in time and it is reasonable to ask the executor to retain basic accounts and receipts to show beneficiaries the movements of funds within the estate.

The Direct Gov site will help more:

The executor applies for a 'grant of probate' from a section of the court knows as the probate registry. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person's assets (property, money and possessions). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person's assets as set out in the will.

(I will add a disclaimer to being an amateur in the subject. What I will say is that being an executor is a pain and the support and patience of any beneficiaries is always useful).

10_66

Many thanks opinions4u for your comprehensive reply. I'll pass on ths information to the executer, who I know is a bit confused about it all. Thanks again.

opinions4u

:A

10_66 wrote: »

Many thanks opinions4u for your comprehensive reply. I'll pass on ths information to the executer, who I know is a bit confused about it all. Thanks again.

I did "forget" to inform a bank about a death once. This is a bit naughty but does ensure the bills keep on getting paid if there are sufficient funds in the account and you don't want to cancel any of the payments . It was a fair few months before I took them the probate document, but there were no payments on the account that wouldn't have had to be met by the estate anyway.

If there's anything that should be stopped immediately, this is a bad idea.

Mikeyorks

10_66 wrote: »

and can any existing direct debits continue?

It's unwise. As Probate is the official recognition that you need in order to deal with the Estate. Up to that point you should freeze any sole accounts and that aborts any DDs / SOs automatically. So it's always sensible to be in a position to ring any creditors immediately you advise the Bank (as the DD cancellation will automatically be signalled to the creditor). Advise them of the death - and that any bills aren't going to be paid, until Probate is granted.

That's the course of usual events - therefore utilities etc are used to it. The exception is that the Bank(s) will allow you to pay for the funeral costs / HMRC if IHT is due ........ normally on presentation of an invoice. And they will draw a cheque payable to the appropriate party. But they won't allow that for domestic etc bills.

10_66

Many thanks.