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Guide discussion: Probate: How to do it yourself

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  • MumOf2
    MumOf2 Posts: 612 Forumite
    Part of the Furniture 500 Posts
    Just to be horribly pedantic, 'probate' is the process of 'proving' the Will or the applicable hierarchy of succession according to the laws of intestacy if there is no Will, not the process of sorting out somebody's Estate. It's the process of proving the Will or determining succession that requires a probate application to be completed and lodged with the Probate Office.

    After the grant of probate or grant of letters of administration has been received, then you can sort out the Estate according to the proven Will or the proven hierarchy of succession.

    Having defined what probate actually is, as getmore4less suggests above, it should then explain that the term Probate is being used in the Guide in a "broad generic sense to mean estate administration."

    If the term isn't defined specifically and use of the word clarified generally, then readers will just get confused when coming across the term in formal documents.

    Just a suggestion...

    MumOf2
    MumOf4
    Quit Date: 20th November 2009, 7pm

  • Just to say that I followed the guide to probate from MSE and used the HMCTS website to submit the application and probate was granted within 48 hours of submission - including posting the will to them. Easiest £5k I’ve ever saved. 
  • Do you have any advice on paying tax on interest earned by fixed-term bonds (and the like) during the period between death and being granted probate (or any of its variant names)? 
  • 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.
    Yes, I panicked at first about not having enough death certificates. My sister was quoted £5 each from a solicitor and £7 for copies of the will, and then he didn't charge at all for 6 copies- so the're not all bad!
  • Stoodles
    Stoodles Posts: 828 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    PeterE17 said:
    Do you have any advice on paying tax on interest earned by fixed-term bonds (and the like) during the period between death and being granted probate (or any of its variant names)? 
    https://www.litrg.org.uk/tax-guides/bereavement/how-estate-taxed-during-administration#toc-tell-me-about-the-estate-and-income-tax  and the links it takes you to are quite informative.


  • Thanks for the link Stoodles, it's useful. It would be handy if MSE mentioned this tax liability in their guide (actually, none of the online guides that I have read mention it). 
  • Just to say I followed the instructions on applying for probate yourself online and had an email 10  days later to say it had been granted and it came in the post couple of days later. Don't be afraid - if the estate is straightforward do it yourself and save yourself a lot of money if I can do it anyone can!! Thanks to M S E for providing the information.

  • wymondham
    wymondham Posts: 6,356 Forumite
    Part of the Furniture 1,000 Posts Photogenic Mortgage-free Glee!
    Hi All
    My mother died last week after 18 months in a carehome. I'm (or was) a Deputy for her affairs and had sorted her finances already. I'm an executer for her will and the only complication is her house is left to us three children - nothing else really of concern... is DIY probate still looking best for me?  I keep coming across sites where you get 'packs' such as http://www.diyprobateforms.co.uk/ but reading your help this maybe not even be needed?
    I have access to my Mums bank account as a former deputy but worried once i alert the bank this will close and i wont be able to check things have stopped coming out or received credit from the home- whats best to do?
  • parcival
    parcival Posts: 949 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Perfect for a DIY probate on-line using the official .gov websites.....
  • Keep_pedalling
    Keep_pedalling Posts: 20,935 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    wymondham said:
    Hi All
    My mother died last week after 18 months in a carehome. I'm (or was) a Deputy for her affairs and had sorted her finances already. I'm an executer for her will and the only complication is her house is left to us three children - nothing else really of concern... is DIY probate still looking best for me?  I keep coming across sites where you get 'packs' such as http://www.diyprobateforms.co.uk/ but reading your help this maybe not even be needed?
    I have access to my Mums bank account as a former deputy but worried once i alert the bank this will close and i wont be able to check things have stopped coming out or received credit from the home- whats best to do?
    You need to tell the bank ASAP, the account will be frozen and nothing can leave the account.
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