Probate Interview

KMA

I sent off to the Probate Registry in Birmingham 2nd july for application for a grant (intestate estate). They got back to me on the 10th August requesting my late fathers divorce certification (purchased for £45 from his local family court). The oath to be sworn at a local solicitors arrived on the 11th September.


Like others have mentioned was advised to turn up at a local duty solicitor and wait my turn. Arrived at 8.55am was admitted at 9.10am Paid £5 and was out by 9.20am. Posted Sworn Oath on the 16th September. The grant/letter of administration arrived Monday 28th September.


The entire process to obtain the grant/probate has taken 3 months but I gather it is holiday season.

Yorkshireman99

samuela66 wrote: »

HI


I hope you don't mind me butting in and asking a question, I have sent of the cheque and paperwork to probate, and silly me never put the original will in, phoned yesterday spoke to a lovely lady who just said pop it in the post and we will sort it out, she said I will hear from then in ten days or thereabouts, my question is once I have sworn my oath at solicitors do I need to actually go to Probate office or do they just release the money to me???


many thanks
sam

Once you have the grant you can then apply to the banks etc. for the money to be released. The Probate office has no part in collecting the money.

pinkcloud

samuela66 wrote: »

HI


I hope you don't mind me butting in and asking a question, I have sent of the cheque and paperwork to probate, and silly me never put the original will in, phoned yesterday spoke to a lovely lady who just said pop it in the post and we will sort it out, she said I will hear from then in ten days or thereabouts, my question is once I have sworn my oath at solicitors do I need to actually go to Probate office or do they just release the money to me???


many thanks
sam

The Probate Application with original Will, 3 photocopies of Will and fee are sent to the Probate Registry. They have 10 working days to process it and when processed they send you the Oath.

You can take the Oath at a local solicitors (small fee) or at the Probate Registry (free). The signed Oath is sent back to the Probate Registry who then send you the Grant of Probate.

You show an original Grant of Probate to the organisation from which you wish to withdraw funds and the Grant of Probate enables them to release the funds.

The original Probate Application form gave the option to obtain more originals of the Grant of Probate for 50p each. I obtained 4 extras as you have to show originals.

pinkcloud

Yorkshireman99

pinkcloud wrote: »

The Probate Application with original Will, 3 photocopies of Will and fee are sent to the Probate Registry. They have 10 working days to process it and when processed they send you the Oath.

You can take the Oath at a local solicitors (small fee) or at the Probate Registry (free). The signed Oath is sent back to the Probate Registry who then send you the Grant of Probate.

You show an original Grant of Probate to the organisation from which you wish to withdraw funds and the Grant of Probate enables them to release the funds.

The original Probate Application form gave the option to obtain more originals of the Grant of Probate for 50p each. I obtained 4 extras as you have to produce originals.

pinkcloud

There is no ten day limit to process the application. It will probably take several weeks or even months depending on all sorts of factors such as how busy they are and how complex the will is.

pinkcloud

Yorkshireman99 wrote: »

There is no ten day limit to process the application. It will probably take several weeks or even months depending on all sorts of factors such as how busy they are and how complex the will is.

The London Probate Registry told me yesterday that there is now a requirement for the original probate application to be processed in the first instance in 10 working days (after that it will then take longer if there are errors, needs clarification etc.) and advised me that in my case that is tomorrow.

pinkcloud

samuela66

Thanks Everyone,


I was told when I called I would hear within ten days, so maybe that's how they go now......


Thanks for the replies


sam

Yorkshireman99

pinkcloud wrote: »

The London Probate Registry told me yesterday that there is now a requirement for the original probated application to be processed in the first instance in 10 working days (after that it will then take longer if there are errors, needs clarification etc.) and advised me that in my case that is tomorrow.

pinkcloud

That is news indeed as there seems to have been no public announcement. I suspect what they mean is that applications have to be acknowledged within ten days.

pinkcloud

pinkcloud wrote: »

The London Probate Registry told me yesterday that there is now a requirement for the original probate application to be processed in the first instance in 10 working days (after that it will then take longer if there are errors, needs clarification etc.) and advised me that in my case that is tomorrow.

pinkcloud

Yorkshireman99 wrote: »

That is news indeed as there seems to have been no public announcement. I suspect what they mean is that applications have to be acknowledged within ten days.

I telephoned the Probate Registry early today and as intimated yesterday they told me my probate application was in the pile to be processed today it being ten working days since they received it.

I telephoned again in the late afternoon, it had been processed and was on its way back to me with the Oath.

I tried to quiz them about the 10 days, but apart from saying that there is an aim for probate applications to be processed in the first instance within 10 working days of receipt they said they were too busy to elaborate.

They said I will receive the Oath by Wednesday.

pinkcloud

treliac

Corelli wrote: »

TBH, I'm amazed at how much still goes on trust. All those figures for the valuation don't have to be shown or justified, you just swear it's true. the bloke I was talking to about this when I phoned to see if we had to wait for the final tax figures to come through said that as so few estates are due for Inheritance Tax, it would be a waste of money to check everything. I suspect there must be some random checks for auditing but had I known how non-rigerous they are on checking the figures we wouldn't have angsted over getting the last details on the contents valuation and everything.

I have heard that they can check with Land Registry but don't know if this is actually true. I have also been told that they are more interested in the accuracy of estates that appear to be close to the inheritance tax threshold.


If a probate property is subsequently sold for more than the initial stated value, it is supposed to be declared. Estate agents have suggested keeping house values down for probate. This is not advisable (especially if inheritance tax is not going to be owed) as there is more chance of owing Capital Gains Tax if a property later sells for more than the value stated at the date of death.

Corelli

treliac wrote: »

I have heard that they can check with Land Registry but don't know if this is actually true. I have also been told that they are more interested in the accuracy of estates that appear to be close to the inheritance tax threshold.


If a probate property is subsequently sold for more than the initial stated value, it is supposed to be declared. Estate agents have suggested keeping house values down for probate. This is not advisable (especially if inheritance tax is not going to be owed) as there is more chance of owing Capital Gains Tax if a property later sells for more than the value stated at the date of death.

AFAIK, they have the power to check everything. Good point about not going along with a low calculation on a house if you are not near the IHT threshold.