Probate?

Katie~baby

IM CONFUSED!!!

My partners grandad is dying of cancer He doesnt want my partners dad to go via solicitors as he has a house and some monies to deal with he thinks they are a rip off.

My MIL is saying they are now going to go probate.. Im really confused as to what she means.. But she has asked me to ask people if they have to pay probate upfront or after the estate is sold etc...

I dont have a clue what she means but if anyone can shed some light i would be really gratful!
Thankyou

aimex

do they not mean hes going to die intestate? ie hes not going to see solicitors to make a will and therefore his property will just pass on his death under the intestacy rules? x

Katie~baby

He's made a will and left it all to my FIL to distribute as my partners grandad wishes.

I just dont get it, i think shes got it wrong but she keeps saying we are going probate and doesnt know if they have to pay upfront... Ive just completed a legal secretarial course and ive no clue what shes on about! LOl

Errata

Whoever is named in a will as executor(s) must obtain a grant of probate in order to carry out the instructions in the will - who the house goes to, who gets the money etc. Google probate and it will take you to the government website that has full information about probate. Stating the obvious - a grant of probate can't be obtained before the person dies.

sticher

The Probate fee does have to be paid before the house is sold - otherwise you would not have permission to sell it. It is not a great deal of money though (less than £100 is I remember correctly).

If you think she might mean Inheritance Tax then this would be paid after the sale of the house (if you are above the threshold - £285,000 I think it is now).