Probate Help

dizzydonkeys

Hi, have spent the last few days reading up on here but still not sure I am on the right track.
My nan passed away recently, she left a Will leaving her house and any money (minimal amounts) to her son (my uncle).
He has always lived at home with his mum never left/married or anything.
Solicitors have stated probate will need to be applied for and stated it will cost 000's which there just isn't the money available for without selling the house (thus leaving him homeless)
They did say could do it himself which I am assisting with.
I have downloaded PA1 and IHT205 forms (estate worth less than £325 by a long shot although house not yet valued)
I assume we complete these and send off along with the fee then just wait for whatever they say?
Have read re passing on IHT threshold from Grandad who died 40 yrs ago - no assets except house jointly owned with nan directly being passed to her on his death.
But as estate is less than the single threshold I assume this is not needed?
The funeral has been arranged and they will wait for their money apparently - luckily or it just wouldn't be able to happen.
Is there anything else I am missing?
Sadly my uncle is appart from beside himself not good at this stuff as obviouslt nan has always dealt with everything.
There are no debts to the estate, council and benefits etc have been informed of the death to stop any future payments. No bills for the property as mortgage long since paid and all bills are pre paid, utilities etc no credit cards/store cards or anything like that.
Items in tho house of any value are owned by my uncle already (nan didnt believe in big t.v's computers etc)
Any help greatly appreciated as obviously keen to make this process as quick and simple as possible.
Thanks

NAR

Sorry for your loss. It sounds like a very straightforward estate to put through probate.
Take your time completing the forms and any questions pop them on here - lot of experience to draw on. Main thing will be, by the sound of it, is get the house valued. After probate your uncle will need to contact Land Registry to transfer ownership of the property into his name.

Errata

It's quite simple and straightforward, but could I ask who the Executor is? If it's your uncle you can do the donkey work for him but he will have to attend a local solicitors office to swear the oath.

Rhambo

Your solicitors are probably quoting for estate administration rather than just probate. This is a common misconception by lay people that probate means everything, so varyng quotes are received and lower values don't match expectations.

Basically it sounds like you just want probate. Yes you can do it yourself (or help your uncle). Your uncle will need to do the following:

- Obtain the date of death value for all liquid assets in the estate (including unaccrued net interest, e.g. in savings)
- Obtain the date of death value for all liabilities in the estate.

This means you need to go through bank statements and correctly identify everything, including giro credits and direct debits, and write to all the companies requesting values. Your uncle also needs to write to the DWP and ask if there are any arrears to the estate. Overpayments are not IHT values as they occur after the date of death.

You need a property valuation.

You need to complete form R27, so ask for tax deduction certificates from the asset holders. If your nan had income that qualifies for self assessment, you will need to complete form SA100 but from what you're saying it sounds like an R27.

Once obtained, you will need to complete form IHT205 and turn up at your local Probate Registry (pre-book). Court fee is approx £55, swear fee approx £10. You then have to wait 2-6 weeks for probate.

Once probate is granted, you need to send grants to the institutions that require them or fill in their statutory declaration forms (once you have the Grant, you shouldn't usually need to fill in with banks and just send the Grant with a letter detailing payment instructions) and instruction solicitors for the conveyancing.

Once you've sorted everything, you (or your uncle, I guess), is duty bound to produce acccounts which document everything you've done in the administration.

If you don't think you can handle that, seek a professional.

nom_de_plume

Rhambo wrote: »

Once obtained, you will need to complete form IHT205 and turn up at your local Probate Registry (pre-book). Court fee is approx £55, swear fee approx £10. You then have to wait 2-6 weeks for probate.

I took the optional and quicker route of swearing the oath at a local solicitor. This cut a couple of weeks out of the process. Once I received the forms to book a date to swear the oath, I rang and visited a solicitor on the same day. Paperwork was sent off to the probate office and the grant duly turned up fairly quickly afterwards.

John_Pierpoint

Rhambo wrote: »

......and instruction to solicitors for the conveyancing.

When my mother died, my sister and I called in at the local branch of the Land Registry to see what needed to be done and some snooty clerk behind the desk (possibly covering their own ignorance) said "...........Oh you need a solicitor for that".
So we telephoned Yorkshire, where the house was actually registered and a much more down to earth person answered the phone and said ".....I'll send you the forms, instructions and the scale of fees, If there is anything you don't understand just call back".

Job done at minimal cost.

Can we assume that the property is registered ?

An on-line check at the Land Registry (can be done by clicking the property in an aerial photograph) costs £3 and there is a representative on here who can advise; but you have to track him/her down.

Remember to get multiple embossed copies of the grant of probate

There are some "Which?" books about wills and probate and other recommended guides if you need an overview to guide you. If you rely on the local livrary check that the copuright and updates are after 2007./

Norman_Castle

https://www.gov.uk/wills-probate-inheritance/overview

A few extra sealed copies are cheap if ordered when applying for probate and may be useful. Keep records of what you do. Its easier than expected.

dizzydonkeys

Thanks everyone, uncle is named Executer in the will. I know he needs to swear the oath etc it's just the paperwork side of things he is struggling with.
House is not registered at Land Registry but we have all the deeds etc.
There are numerous life insurance policies that were finished being paid years ago (all agreed to in the days when a man would knock on the door and sign you up to £10 a month for x amount of time) We have completed the forms to send off to claim they have just asked for copy of will and death certificate. Just hoping it is enough to cover he cost of the funeral.
Bank accounts contain approximately £300 but awaiting a statement to confirm.
Have spoken to a local solicitors firm who have said can swear the oath there, have also spoken to a local EA re a valuation they say will do this for free.
Have also been reading up re rolling over IHT allowances from my grandad maybe? He died 35 yrs ago with no estate to leave except half the house (nan was named on this already)?
No self assessment or anything as been a homemaker for many years although not sure if being a foster carer counted as self employed, the only money she got was state pension until the last few months when got higher rate disability which was sorted by social workers and the hospital.
Also no direct debits gas and electric on pre pay meters and water and council tax paid in advance each month.
Thank you so much will look up the R27.

Land_Registry

As the property is unregistered the change of ownership into your uncle's name should trigger registration.

We have an online guide which explains what is required which will include the old deeds and documents plus the probate and the legal document whereby the Executor transfers (assents) the property into your uncle's name. Although the property is unregistered you can still use a form AS1 to do this if you wish. See our online FAQ around what to do when a property owner dies.

Often such matters are dealt with by a solicitor as the issues around probate and winding up the deceased's estate can be complicated and invariably a solicitor will cover everything for you.

However if after obtaining probate you decide that you wish to deal with the registration yourselves then please read the guide and FAQ as mentioned. If you have any difficulties in completing the forms or lodging the application then please do Contact Us but please bear in mind that we cannot provide legal advice.

Pammieh

hi
Still a newbie and not really sure how to post this...

Quote:
'John_Pierpoint
Quote:
Originally Posted by Rhambo

......and instruction to solicitors for the conveyancing.


When my mother died, my sister and I called in at the local branch of the Land Registry to see what needed to be done and some snooty clerk behind the desk (possibly covering their own ignorance) said "...........Oh you need a solicitor for that".
So we telephoned Yorkshire, where the house was actually registered and a much more down to earth person answered the phone and said ".....I'll send you the forms, instructions and the scale of fees, If there is anything you don't understand just call back".

Job done at minimal cost.'


I couldn't quite understand ... John_Pierpoint you transferred the name on the register to the beneficiaries yourself? But you would still need to use a solicitor for the conveyancing to sell the property?
I'm dealing with my mum's - very uncomplicated - estate and just wonder how much a solicitor has to do. The estate consists of 1 bank account, Premium bonds and house (no iht) no other savings/income/life assurance/pensions. Solicitors seem so expensive and such overkill on something this straightforward (I hope!) and I feel a bit uncomfortable with the whole process/dealing with them.

so please can someone just clarify what constitutes 'conveyancing'

Thanks

cte1111

Pammieh, you might be better off starting your own thread.

Are you intending on keeping the house or selling it straightaway? If selling straightaway, then for probate you just need a valuation from an estate agent or two. Once you've found a buyer, then you can use a solicitor for conveyancing as normal.

DIY Probate is quite straightforward, I've done it for 3 relatives and it's just making sure you've got accurate values for all their assets, then filling these values into forms.