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Probate

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    meece wrote: »
    We have just returned from the probate interview in London.
    ....................
    We have done probate for the fee and around £50 travel to London.

    I agree if the estate is not simple, (one beneficiary ) it may be better to involve a solicitor, but for us it would have been a waste.

    you can swear the oath at a solicitors which can be be much more convenient

    There is a fixed charge for this which will often be less than the travel costs.
    ( I think this is <£10)
  • meece
    meece Posts: 273 Forumite
    you can swear the oath at a solicitors which can be be much more convenient

    There is a fixed charge for this which will often be less than the travel costs.
    ( I think this is <£10)
    We weren't given that option?

    Thank you for the information. It seems this is the area (wills and probate) where people struggle to money save as it is too emotive? and confusing! I am glad this board was started.
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  • Trapdoor
    Trapdoor Posts: 100 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    I did probate for my mum myself. Took the forms in myself to the Bristol Probate Registry last Monday (26 November), had the oath, copy will and checklist back to me by post on 29th November (!), contacted a local solicitor in the morning and had an appointment to swear the oath in the afternoon (cost £7) and returned the forms by Recorded Delivery same day, and they were delivered this morning.

    Was told when I took my forms in to the Probate Registry that they aim to get the sealed grants out within 10 days from receipt of the sworn oath, but judging by the speed the oath was returned to me, I anticipate middle of next week.

    Don't know whether the Bristol registry are quiet at the moment but 10 out of 10 for speed in returning the forms to me.

    And the Solicitor who held my mums will was heavily touting for business for us to use him to deal with the Probate returns etc as "it was a very complex procedure" evidently ... especially as we were claiming my dads nil rate band transfer ... Yeah, really complicated and well worth the £1200+ he wanted to charge ... I don't think.

    Unless the estate is very complex, lots of businesses/property I'd recommend having a bash doing the returns yourself. The on-line forms will even do some of the math for you when filling them in, and also check the answers given to direct you to the correct form if you fail to qualify say for the excepted estates claim....
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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    meece wrote: »
    We weren't given that option?

    Thank you for the information. It seems this is the area (wills and probate) where people struggle to money save as it is too emotive? and confusing! I am glad this board was started.

    I don't think they volunteer the information but it is on the web site.

    http://www.justice.gov.uk/courts/probate/applications

    (allthough this particular page is relatively new as part of the justic/courts site revamp I seem to remeber similar elswhere)
  • Hi, Just a quick question re probate. My father died this year without leaving a will and we've just completed the probate forms (he had very little money and no property). I'm unsure as to which probate office to attend, reading previous posts it seems London is the best option although obviously a local solicitors office would be much easier. As there is no will would this mean we would need to attend the probate office or does this have no bearing? Thank you
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    gottadance wrote: »
    Hi, Just a quick question re probate. My father died this year without leaving a will and we've just completed the probate forms (he had very little money and no property). I'm unsure as to which probate office to attend, reading previous posts it seems London is the best option although obviously a local solicitors office would be much easier. As there is no will would this mean we would need to attend the probate office or does this have no bearing? Thank you

    Local solicitor is still possible and you save £2 with no will.

    Are you sure you need to do his have ypu checked that all those holding the assets won't release them with an indemnity, many will id the amounts are small.
  • Goldiegirl
    Goldiegirl Posts: 8,806 Forumite
    Part of the Furniture 1,000 Posts Rampant Recycler Hung up my suit!
    I did probate for my mum's will and found it all straightforward.

    The goverment website has all the forms and instructions to download. My mum wasn't a property owner so I felt there was no need to involve a solicitor, when I knew I could do it myself.

    I sent everything to my local Probate Office in Maidstone, and went there for the swearing of the oath.
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  • fidododo
    fidododo Posts: 10 Forumite
    Part of the Furniture Combo Breaker
    edited 10 December 2012 at 10:36PM
    I did probate myself and found it straight forward ,and i hate paper work! It only took 4 weeks from filling the forms in till recieving the actual grant.A couple of things that i have'nt seen mentioned in other postings which are very important before paying out the estate.
    1 - A letter from HMRC was sent to the care home and addressed to the personal representative of mum this was 8 weeks after mum died this was about claiming tax back if you wanted/could.
    2 - A letter from DWP this was sent AFTER probate was granted as the probate registary notify DWP who is dealing with the estate. IF the deceased was in reciept of an income related benefit ( in this case pension credit ,even though they have copies of mums very recent bank details HUH!)then DWP have to check that the right amount of benefit has been paid.The form contains a list where you have to put down the assets of the estate. Once they have the form they will check that the deceased has been getting the correct amount of benefit and not been overpaid in which case DWP will want the money repaying from the estate.How long DWP will take to do the check IS NOT clear from the letter.:(
  • hi everyone,
    This is my first time posting,My father recently passed away i have applied for probate myself,opened an executors' account,and have a date for probate,my father's case is straight forward there was no property,shares or stocks only monies,His insurance policy has already been paid into the executors account which i have paid for part of the funeral out of,there is a small amount left in the account,i am being pressurised by family members to give this money to another family member,I know its a bit of a long winded question but here we go,Can i release this money before probate??
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hi everyone,
    This is my first time posting,My father recently passed away i have applied for probate myself,opened an executors' account,and have a date for probate,my father's case is straight forward there was no property,shares or stocks only monies,His insurance policy has already been paid into the executors account which i have paid for part of the funeral out of,there is a small amount left in the account,i am being pressurised by family members to give this money to another family member,I know its a bit of a long winded question but here we go,Can i release this money before probate??

    Don't give in the family pressure. You are the one with the legal responsibilities, not them.

    Don't pay out until you have checked that there are no debts, particularly the DWP or DMRC.
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