Applying for probate without a Solicitor

MrC100

Hi,

This is completely new territory for me, so I would appreciate any help whatsoever!

My mother recently passed away (father died 2006), and I am the joint executor of her will with my sister. She was in a care home for several years, which has depleted her savings to leave approximately £4K. The family house is the only major asset to consider, and is valued at approx. £180K.

I am wondering if it is feasible to apply for Probate without the services of a Solicitor, because we would like to keep costs to a minimum if possible.

I have had a look around, and have completed a PA1 form. I (rightly/wrongly) believe that we can fill this in and return with the relevant documentation and fee, then have an interview with a court officer to finalise.

I also think we need to fill in a IHT205 form to deal with the inheritance tax declarations. I'm not sure if this is handled separately though.

Please can anyone let me know if we are on the right track with this?

Kind regards,
Neil

FreeBear

Yes. You can handle probate without the need of a solicitor. However, it is worth having a half hour chat with one so that you are aware of the responsibilities. Check your local library/CAB and see if there is a free legal advice centre or if you are in a union, ask them.

The PA1 is simple enough, and you don't have to go to court to swear the oath - That can be done in a solicitors office for a nominal fee (normally under £10 I believe). You will need to fill in the IHT205 and send it back with the PA1 as both forms are (initially) handled by the same office and the value of the estate forms part of the public record.

getmore4less

There are quite a few guides online and in books(library will have them) which cover the basics, worth spending some time having a read to get familiar with the terms while you colate the information for the IHT205(which may become IHT400 if certain conditions are met)

For IHT form there is a help sheet and loads of info on HMRC web site if you are not sure about something.

Then there is here(and a few other places) where you can just ask the questions if not sure about something..

wwl

If the estate is straightforward and you are capable of filling in some forms and communicating with banks etc. there is usually no reason to use a solicitor and many reasons no to. If there is anything you;re unsure of you can always book some time with a Solicitor to go through it.
There is plenty of info in the guidance notes for the forms.

dav964

Neil,

Yes - this is really something that you ought to be able to do yourself. I went through probate for both my father and mother and their estates included ISAs, investment funds, bank accounts, property, trusts and potentially exempt transfers. It was all pretty well explained - I purchased the "DIY Probate" guide from WH Smith.

Initially I did approach a solicitor when my father died, but he told me I'd be better off doing it myself!

troubleinparadise

I would presume that you and/or your sister have been handling your mother's financial affairs as she has been in residential care, so are probably very well aware already about her bank accounts and so on, which will make life very much more straightforward when it comes to filling in the paperwork.

The forms look daunting because of their size, but there really is very little you need to fill in; just take it slowly and refer to the HMRC guidance notes when needed.

It may well be that you don't need the advice of a solicitor - I completed the forms for my mother's estate without needing any further advice. HMRC are very understanding too - their helpline can assist, and should you make an error (highly unlikely!) they are understanding on that too...

Give it a go - whilst a little arduous, I'm sure you will be fine on your own!

Savvy_Sue

Agree with the above: I've done probate for both Dad and Mum with one of my siblings, and we used an accountant for some advice after both deaths (which reminds me, he still hasn't billed us for Mum's advice!)

We did use a solicitor for the house sale, and although you can do all that remotely / by email, we found it helpful to be using one near where I live, which is some way both from the house we were selling and my co-executor. However I think we got better service than if they'd been 00s of miles away, especially when we hit a snag which needed to be resolved with the Land Registry.

Having said all that, I am assuming you are on good terms with your sister, and expect that to continue, and that none of the beneficiaries will turn awkward / get nasty / be greedy / have unrealistic expectations of the price the house will fetch. If 'our' beneficiaries had fallen into any of those categories, we'd either have stepped down as executors or handed the whole thing over to professionals. Yes, it significantly reduce the amount available to distribute, but NOT having to deal directly with unpleasant people is sometimes a price worth paying.

And I am sorry for your loss.

BobQ

OP,

I agree it is a very straightforward process and you can probably just fill out the PA1 and IHT205. The IHT205 will be a formality (from what you say) and just serves to formally record the fact that IHT is not due.

I would have a go at filling them in and then if you are not sure on things regard a chat with a solicitor as a way of resolving the uncertainties. When I did Probate for a similar estate I have found the Government helpline to be very helpful.

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/probate-and-inheritance-tax-enquiries

savethepandas

Going through the probate process at the moment, I completed a IHT205 and PA1 and sent those to Winchester Probate Registry. I had failed to send in one form they needed and that was quickly sorted out.

This morning I received an oath to swear. The dates I was offered to swear probate at Winchester were one at the end of September and the rest in October.

So I did a quick google search for 'Oath swearing [city name]' and have booked an appointment locally to me for tomorrow afternoon, their website states the cost will be £5, not sure if that includes VAT, which is a lot cheaper than the train fare to Winchester.

Paperwork states I should have probate 10 days after they receive the oath paperwork back.

Would encourage anyone to try to do this without a solicitor.