probate problem

njhsmee

My father died 7 years ago and my mother died a few months ago.Neither left a will.I applied without a solicitor for probate and that was fine.The house isn't registered as they have lived there over 40 years and the house is paid for.All her accounts etc have been sorted.

I filled in the land registry forms for first registration of the house and the form to change it into my name with the deeds for the house with my mothers probate form.I have just recieved a letter to say that my dad was the only name on the deeds and without a will from him they can't continue.

They said i would have to apply for probate for him now.Do i fill in the same forms i did for my mother?The wording may not be relevent as it asks about the estate.Do i fill it in as though my dad owns the house and it wasn't passed down to my mother?

I understand that with it being a death before sept 2006 i have to fill in a different iht205 and the same PA1 but it asks about assets etc and any small monetary accounts of my dads were used and spent years ago.

I thought i was doing so well too

getmore4less

AIUI

You need to go back and do your fathers estate if it was not done at the time.

If everything other than the house was owned joinly and everything went to your mother(they were married) then the estate will have no IHT and the full nill rate band will be transferable.

I would give HMRC a call and ask them is estimates for the joint assets will be acceptable, or you could just put a cover note with the IHT205.

Once you have letters of administartion you can assent the house to yourself.

you have to do the estate as it was date of death of your father.

Newly_retired

The Probate office is normally very helpful with regard to filling in forms.

Savvy_Sue

So just checking here: what happened to your Dad's estate when he died? No will, so did your Mum apply for Letters of Administration, in the same way you've just done for her? Or did it all just 'pass' to your mum without anyone doing anything?

I'm just thinking that if in fact Mum did the legal bit when Dad died, all apart from transferring the house into Mum's name, you may not have as much to do.

njhsmee

My mum didn't do anything.She was agrophobic and i had to organise the funeral and go to the bank about the account with a death certificate and marriage certificate.They just passed it straight to my mother without asking for anything.I didnt know about probate at the time as i hadnt dealt with it before and no one told me....

I also have a problem regards the forms as they ask for my dads national insurance number and i have none of his paperwork.
I have written to N.I with a copy of his death certificate to see if they can tell me for the forms.

I have filled in the probate forms and am just awaiting the number.I have been on to land registry and asked them if they can wait a while for the probate.Just hope nothing else pops up!