Do I pay a solicitor or obtain probate myself

Relbs

My mum passed away a few weeks ago. She left a Will naming my husband and myself as executors, and leaving her estate to me and our children.

I always thought you HAD to use a solicitor but reading online, it seems you don't. As her will is simple, with 1 property and a few savings accounts, would it be feasible to do this all ourselves, or is it more hassle than it's worth, and just pay a solictor? I don't mind filling forms in, but the thought of finding out all the bank details fills me with dread as I'll have to go through all her stuff.

But I guess I'll have to do that anyway to give details to the solicitor?

Thanks for your advice

Yorkshireman99

Relbs wrote: »

My mum passed away a few weeks ago. She left a Will naming my husband and myself as executors, and leaving her estate to me and our children.

I always thought you HAD to use a solicitor but reading online, it seems you don't. As her will is simple, with 1 property and a few savings accounts, would it be feasible to do this all ourselves, or is it more hassle than it's worth, and just pay a solictor? I don't mind filling forms in, but the thought of finding out all the bank details fills me with dread as I'll have to go through all her stuff.

But I guess I'll have to do that anyway to give details to the solicitor?

Thanks for your advice

You should be able to do it easily. A solicitor will charge a couple of thousand at least. Plenty of help here if and when you need it.

getmore4less

Relbs wrote: »

But I guess I'll have to do that anyway to give details to the solicitor?
Thanks for your advice

almost certain someone other than the solicitor will be doing much of the legwork anyway(or it costs a fortune)

Some find the exercise very helpful, having a goal and helps closure.

Margot123

For a straightforward estate such as this, I'd suggest doing probate yourself. It is only when a problem arises with other executors or beneficiaries that I'd strongly advise using a solicitor. The paperwork is so simple, and there are guides produced to help you. You must bear in mind that you are personally liable for any miscalculations regarding tax, benefits etc, but then that would come out of the estate anyway. BTW solicitors usually charge a fixed fee to process probate however probate + administration are different things and professional costs are considerably more.

Rodders53

My condolences on your loss.

You can d-i-y. It's not especially difficult and there's no rush to do it immediately!

Hubby can maybe do most of the paperwork digging / sorting if it is distressing for you?

I did much of the work for M-i-L when F-i-L passed and again when M-i-L (and I wasn't named as executor for either )

Neither estate was complicated or anywhere near the IHT threshold, though, and we knew there were no debts (other than Utilities and Pensions/benefits).

Relbs wrote: »

leaving her estate to me and our children.

The children bit may need some clarification (under/over 18?, what have they been left in the will?) and if 'tricky' legally may be where a Solicitor could help / advise if you need.

SevenOfNine

Definitely do it yourselves. You should be going through her things for bank/savings details anyway, as the accounts should be frozen while you sort out probate.

Her main bank/s can give you a list of any SO's or D/D's which is helpful to identify her suppliers (gas/elec/phone/insurers etc) so you can notify them all, & current statements so you can see the financial state of play.

For an easy estate why pay a solicitor to complete forms for which you'd have to gather all the required information anyway.

You can swear the oath at most solicitors locally nowadays for £5, saves schlepping to the nearest probate office.

FreeBear

Rodders53 wrote: »

You can d-i-y. It's not especially difficult and there's no rush to do it immediately!

If there is unlikely to be any inheritance tax to pay, certainly take as long as needed. It took me the best part of six months to fill in the forms and file for probate. Another four months to sort out the house, and two years on, there are still some stocks & shares to deal with.

Side note - I swore the oath at the local probate office - I have to go past the court to get to my solicitor, so it was just as convenient to pop in and do it for free.

For what sounds like a relatively simple estate, definitely no need to get s solicitor to do probate. Depending on what you (the OP) plan on doing with the property, you might need a conveyancing sol if you plan to sell.

getmore4less

FreeBear wrote: »

Side note - I swore the oath at the local probate office - I have to go past the court to get to my solicitor, so it was just as convenient to pop in and do it for free.

We used the local probate office(city based) the parking charge ate most of the saving.

LandyAndy

I was my late father's executor and did all the paperwork myself.


Some of the forms are long winded but none are beyond the comprehension of the average person with a bit of patience.


Definitely do it yourself.

badmemory

Definitely do it yourself. The forms are straight forward if you check the very good notes that come with it. You will probably find that, even if you really take your time dealing with everything, you will still have it all completed well before a solictor would.

Faith177

We were in a similar situation to you when my mum died me & my brother were the only people named and my 2 sets of grandparents were executors and we did it all ourselves it was actually fairly easy once we got going and the GOV department listed on the website were so helpful (surprisingly)