Complete Probate (Confirmation) Process

tfst

.I am an executor in my father's estate. I have been completing the Probate process for my father who died before Christmas. Thanks to some help form MSE I got the courage to gather everything for the Probate process (Confirmation as I'm in Scotland). I have been trying to do everything without lawyers involved.

When I finally submitted the C1 form, I got a very prompt answer back from the local Sheriff Court saying they are "unable to assist in the correction of completion of the paperwork... you may wish to obtain legal advice from a suitably qualified solicitor." All my paper work was returned.

I understand they are unable to assist as the estate is in excess of £36000, but I am at a loss to know where I could have gone wrong.

Is a lawyer ultimately a necessity?

Has anyone actually completed the probate/conirmation process without a solicitor?

I did a lot of ground work in gathering documents and contacting banks and sharedealers, valuing stock, will a lawyer have to go back over all the comunications I did? I thought I'd save the other beneficiaries a lot of time and expense by doing it myself.

I reposted this from the 'Tax' forum, which already has helped me a lot.

Owain_Moneysaver

You need to check your C1 form against the requirements in Notes for completion of forms C1 and C5 (C3 (2006)). Your error might be as simple as arithmetic, or a figure carried over wrong from one box to another.

Has anyone actually completed the probate/confirmation process without a solicitor?

Yes, although I did get a solicitor to advise on carrying over a historic spouse's exemption.

I did a lot of ground work in gathering documents and contacting banks and sharedealers, valuing stock, will a lawyer have to go back over all the comunications I did?

Only if you want the lawyer to make the whole application on your behalf. If you want to get the lawyer's advice only on your completion of the form based on your information, that will be all you need to pay for.

I don't know if CAB will be able to help with the confirmation forms but they might, as you really just need it checked by someone first.

tfst

Your error might be as simple as arithmetic,

I wasn't sure if it could be that simple, but the court website dies say they do say they don't 'correct' so it could mean arithmetic too I suppose.

”Yes, although I did get a solicitor to advise on ....

“
I did a lot of ground work in gathering documents and contacting banks and sharedealers, valuing stock, will a lawyer have to go back over all the comunications I did?

”Only if you want the lawyer to make the whole application on your behalf. If you want to get the lawyer's advice only on your completion of the form based on your information, that will be all you need to pay for.

thank u very much, i'll look into this.