House nearly at exchange, now need to urgently apply for probate!

JazzyJ

My mother died on Monday and we were very close to exchange of contracts on her house (she was in a nursing home). I had an LPA and so was already dealing with all her finances etc. I also had a copy of her will, for which myself and my brother are executors. My brother has powers reserved. I have written to the solicitor as they are not local to me, and requested the original will. The house sale is at just under £200k, she has about £12k in her bank and savings account. She was in possession of four personal pensions, all of which ended on death, state pension and attendance allowance.

I am just wondering how quickly can I apply for probate to ensure this house sale proceeds. The buyers were aware when they offered that this event may occur and have said they are happy to wait, but I want to do all I can to sort this asap.

I have phoned all the utilities etc, pension providers and bank and used the Tell us Once service at the registrar appointment. I have an appointment with the bank on Monday but her holdings are under their limit, so the funds should be released shortly.


Have I missed anything? Do I need to wait for HMRC to advise whether there is any income tax liability or can I apply for probate once I receive the original will?


Thanks in advance!

KRB2725

You can apply for probate once you have the Will.

I know it varies, but we recently applied for probate and it was very quick. We received the oath back to take to a solicitor to sign just one week after submitting the application. Once it was signed and returned the grant came through in a further 8 days (total, not working days). We used the Brighton office.

Sorry for your loss, hope you get probate granted quickly.

JazzyJ

That's what I was thinking (and hoping). My probate office is Winchester.

poppystar

JazzyJ wrote: »

M


I have phoned all the utilities etc, pension providers and bank and used the Tell us Once service at the registrar appointment. I have an appointment with the bank on Monday but her holdings are under their limit, so the funds should be released shortly.


Have I missed anything? Do I need to wait for HMRC to advise whether there is any income tax liability or can I apply for probate once I receive the original will?

One important thing that you haven't specifically mentioned is the house insurance - have you checked that that is still valid after the death?

When you apply for probate you will need to fill in both a probate form and an HMRC form and submit those with the death certificate and Will (and probably something else I've forgotten but the guidance notes will tell you!).

You can download those and start filling them in now. As you have been dealing with all the paperwork up until now it should be a relatively easy task.

misho67

I very recently applied for probate via Winchester. I had the documentation to swear oath at solicitors back within a week of applying. Once oath sworn and documents submitted, Winchester sent the grant of probate back within the week. I was really impressed by the turnaround times.

JazzyJ

poppystar wrote: »

One important thing that you haven't specifically mentioned is the house insurance - have you checked that that is still valid after the death?

When you apply for probate you will need to fill in both a probate form and an HMRC form and submit those with the death certificate and Will (and probably something else I've forgotten but the guidance notes will tell you!).

You can download those and start filling them in now. As you have been dealing with all the paperwork up until now it should be a relatively easy task.

We already had empty property insurance, and I have contacted the insurers to advise them of the death although I have not yet heard back. I received details this morning to complete IHT205 online so have registered for that.

JazzyJ

misho67 wrote: »

I very recently applied for probate via Winchester. I had the documentation to swear oath at solicitors back within a week of applying. Once oath sworn and documents submitted, Winchester sent the grant of probate back within the week. I was really impressed by the turnaround times.

That's good to know, thank you!

HHarry

I also used Winchester last year. Really quick turnaround as others have said.

JazzyJ

Just wondering if we will have to pay back her state pension? She received a payment of £549.96 on 7/4 so five days after she died. Also, realised that the attendance allowance at the higher rate was not cancelled when she went into the nursing home (which was funded under NHS continuing care), so I think we will have four weeks to repay. She went into the home on 10/2 and was in a hospice for three weeks prior to that. My reading suggests that we won't have to repay for her hospice stay as she had a terminal condition and are allowed the first 28 days in the home with attendance allowance payable.


I have no issues whatsoever in repaying this, but just trying to work out what to expect from DWP!?

Yorkshireman99

JazzyJ wrote: »

Just wondering if we will have to pay back her state pension? She received a payment of £549.96 on 7/4 so five days after she died. Also, realised that the attendance allowance at the higher rate was not cancelled when she went into the nursing home (which was funded under NHS continuing care), so I think we will have four weeks to repay. She went into the home on 10/2 and was in a hospice for three weeks prior to that. My reading suggests that we won't have to repay for her hospice stay as she had a terminal condition and are allowed the first 28 days in the home with attendance allowance payable.


I have no issues whatsoever in repaying this, but just trying to work out what to expect from DWP!?

The DWP will expect repayment of any overpayment. You need to notify them ASAP so that no further payments are made.

JazzyJ

I used the a Telll it Once service which I understand should advise the DWP. The bank account will be formally closed tomorrow as that is the earliest I could have an appointment at the bank.

My question more relates to the state pension and if that is likely to need repaying, not sure if she was paid in advance or arrears.