Guide discussion: Probate: How to do it yourself

Former_MSE_Sam_M

Probate: How to do it yourself guide.

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getmore4less

it might have been a good idea to pass this by someone first it has the basics wrong from the start.....

What is probate?

Probate is the process of sorting out somebody's estate - their property, money, and possessions - after they've died. The process is the same for everyone in England, Wales and Northern Ireland, but if you live in Scotland it's called 'confirmation'.

Needs re writing.

Probate is ONLY when there is a will and the named executors take on the job.

SevenOfNine

Good point, but to be fair the next paragraph starts with "If you've been named as the 'executor' in a will"

Perhaps it should also cover obtaining the Grant for an intestate estate.

Brighty

SevenOfNine wrote: »

Good point, but to be fair the next paragraph starts with "If you've been named as the 'executor' in a will"

Perhaps it should also cover obtaining the Grant for an intestate estate.

That's called 'letters of administration', not a grant. Also, if there's a will but someone other than a named executor acts on it, it's also not a grant of probate, but 'letters of administration with will annexed'

SevenOfNine

You might have to tell the Probate Office that then.

As I sit here & look at an intestate one issued in 2016 it states:

COPIES OF THE GRANT ARE NOT VALID UNLESS THEY BEAR THE IMPRESSED SEAL OF THE COURT

IN THE HIGH COURT OF JUSTICE
The District Probate Registry at Oxford

All additional paperwork that came with it refers to it as Grant of Representation, hence I correctly use the word Grant.

It may commonly be known (or known formally in the past) as Letters of Administration (& I've called it that myself on occasion), that is nowhere to be found on the actual Grant.

If you have one Brighty, take a look at it. Or check out the government website here https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

getmore4less

They are all "grants"

The correct term and document that is issued is "Grant of representation"

That covers both the common uses

"Grant of probate"
and
"Grant of letters of administration"

which often get abbreviated, to "Probate" and "Letters of administration".

Then the term "Probate" is commonly used to cover the the process of administering any estate.

Any guide should start with the basics and explain that the term Probate is being used in a broad generic sense to mean estate administration.

Crabapple

Have to agree that just using the term 'probate' like it is at the start of the guide is not clear at all.

Where there is mention of getting a grant on intestacy it says 'anyone' can apply but should make clear there is an order of entitlement and that you have to explain that there isn't a closer relative or why they are not applying.

Final thought is about solicitors costs. Why not say to get quotes from different firms? You can also pay for as little or much help as you need so for example doing it yourself need not mean you can't take advice on a specific issue or them to deal with part of the admin.

polymaff

It'd be a good thing if we could abandon Probate altogther. Some organisations will already accept copies of the Will and the Death Certificate as authority to act as Executor.

Something for MSE to campaign for? Getting that extra bit of paper has always been superfluous - but now that the cost of Probate is to be taxed up to 28 times the actual cost of the process - something should be done.

Remember how evil and immmoral the government thought bankers were for charging overdrawn customers far more than the actual cost of sending out correspondence?

Bl**dy hypocrites.

fima

Hi, my father died in 1986 and we are trying to change the flat (which my mother has lived in since 1970) into her name. The lawyer says this is a lengthy and expensive process, is anyone able to shed any light on how this might work or if we would be able to do this ourselves?

Any help/info/shared experience would be useful.

Thanks

xylophone

The property was in your father's sole name?

Did he leave a will?

Below may be relevant

https://www2.gov.scot/Publications/2005/12/05115128/51285

https://www.ros.gov.uk/

Daisymaisy

One of the top moneysavers tips is to get extra copies of the death certificate but at £11 each this can mount up. Solicitor certified copies are around £5 each so two for less than the price of 1 original :j. All banks I have needed to send documents to have accepted them.