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Probate delayed/ trying to sell the property

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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 27 August 2014 at 10:22AM
    Authority to executors to admin an estate comes from the will you can start the admin without a grant just there are some things you can't do without it.

    You can even put the house on the market

    On the first death as all the assets transfered to a spouse accurate valuation are redundant and the HMRC capital office probably won't care as any tax due is on the second death chances are it(first death) was an excepted estate anyway only needing IHT205.
  • Thanks for all of your advice.

    I have told the uncles that they need a solicitor to sort out probate as I want it to go through as quickly as poss so I can start the purchase and more so as they not all financially minded (hence 2 of them 'needing' the money)

    Have to say at the time I was shocked that the banks allowed them access to the funds - but as mentioned before I think they all had limits as to if Probate was needed or not and as each account has less then £5k in they were willing to release the funds.

    Im hoping that my uncle dealing with it all has kept good record of all accounts closed and monies received.

    She only had one creditor which was British Gas for a minimal amount.

    In regards to the value of the house, my own house which I sold was a 2 bed ex council which I bought for £175 in 2012 I sold in Jan for £240 - and we did nothing other then paint it! South London is going mad - hence I am really eager to get back on the property market before I am left by the way side.

    thanks again for the advice - hoping the whole process will start real soon.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If the only thing that needs sorting and you want it done quick offer to take over, solicitor is not the way to speed things up with disinterested executors.
  • joerugby
    joerugby Posts: 1,180 Forumite
    Part of the Furniture Combo Breaker
    My father had to obtain probate for my mother's estate a couple of years ago in order to get the house transferred into his sole name so he could sell it. Mother died in 1990 and nothing had been done at the time of her death.

    We used a solicitor who was excellent.

    She obtained the relevant forms from the Probate Office which were applicable to deaths in 1990. She then asked me for my best estimates for each of the pieces of information required on the form e.g. cash, personal effects etc etc - there was no paperwork after twenty years.

    I prepared a valuation of the house using current value adjusted backwards to 1990 using the Nationwide BS house price index.

    She completed and submitted the forms and probate was granted within four weeks

    Cost was £600

    We were happy with that
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