Probate do I need one...

del_piero_3

Hi there,

Just a quick question...My father recently passed away, he did not have a will. He didn't have much in his bank accounts, banks released the funds without a problem after showing them the death certificate.

The house (mortgage free) that my parents lived in was on my dads name, probably worth 100-110k which my mother will inherit. She will continue to live in there as her main home. Do I need to apply for a probate for this to happen? is there inheritance tax?

There is no other property/money/loans/mortgage involved or family disputes over finances.

I need to do this on behalf of my mother, can't afford solicitor to do this. Thanks

lincroft1710

This link will tell you all you need to know when someone dies without making a will (intestacy). You (or your mother) will need a Grant of Letters of Administration from the Probate Office.

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

Unless your father had an estate worth more than £325,000 there is no Inheritance Tax to pay.

Mikeyorks

del_piero_3 wrote: »

I need to do this on behalf of my mother, can't afford solicitor to do this. Thanks

You don't need one - it's a fairly simple process.

As the Bank have released any cash 'informally' ...... you wouldn't have needed Probate had the house been in their joint names.

getmore4less

You need to apply for letters of administation

to do that you will need forms PA1 and IHT205

The help notes are good so fairly easy to do.

Your mum is first in line so may need to say she wants you to do it.

John_Pierpoint

The best advice is to tidy up the situation now by applying for letters of administration and transferring the house into mum's name, unless you have serious worries about her chances of being the victim of a fraudster.

The family with mum's agreement could create an interest in possession trust for the house by making "a deed of variation" (aka "deed of family arrangement") - it depends on how competent mum is going to be running all hear affairs as a single home owner.

Having a serious net worth as the owner of property can have an effect on your mothers finances if she later needs to claim care costs or other benefits.

Though not directly comparable to your situation, here is a similar discussion.

https://forums.moneysavingexpert.com/discussion/comment/48947747#Comment_48947747