Grant Of Probate - DIY ???

Pimpslider

Hey all...

My Dad passed away a month or so ago and we've managed to sort out most of the bank accounts for my Mum. But some are just in my Dads name. He had a fair few, with random amounts in them, some fair amounts.

So it appears we need to obtain a Grant Of Probate. I'd never heard of this and after some searching I 'eventually' got the gist of it. I think it means someone Legal has to prove my Mum is who we say she is and is the person stated in the Will.

The Solicitors who did the Will are NOT the executors, my brother is.

What I'd like to know is, for a DIY Probate...

1. What forms do we need? (PA1?)
2. How complex are they?
3. What does Swearing The Oath mean?
4. Do we really need to raise a notice for creditors?
5. What will be the costs if we do it ourselves?

Thanks in advance.
:A

Keep_pedalling

Most banks will release substantial amounts without probate (£30k in the case of Barclays) have you actually checked with them?

Owain_Moneysaver

Pimpslider wrote: »

1. What forms do we need? (PA1?)
2. How complex are they?
3. What does Swearing The Oath mean?
4. Do we really need to raise a notice for creditors?
5. What will be the costs if we do it ourselves?

1. PA1 and IHT205 if no inheritance tax is due.

2. For most people the form will be straightforward as it's only figures from bank statements, a valuation for the house (if appliccable) etc required. If you paid a solicitor to complete you'd still have to find all the paperwork anyway to give them so you might as well do it yourself.

3. Go to a solicitor (or a commissioner for oaths etc) and get a form signed/stamped by them.

4. Depends how well you know your late dad's financial affairs and family history. The notice to creditors does protect you against claims coming out of the woodwork.

5. The cost of the probate application £215, and a fee to the swearing solicitor if applicable - may be £15 in England, more like £50 in Scotland.

https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

AnotherJoe

I've just done this for my late mother's estate very simple no solicitor needed.i concur with nearly everything Owain said. Especially that the forms are simple and that if you ask a solicitor to fill them in for you you will still have to gather all the info anyway so you aren't gaining anything.

Swearing the oath is as simple as reading out a statement that affirms that what you have put on the documents is correct. It's a bit like saying you swear to tell the truth the whole truth etc in court. I did mine at the probate office but as said you can do it at a local solicitors as well. They give you a card with words to say out loud.

I didn't bother with the notices to debtors because I knew my mums afffairs and knew that she didn't owe anyone money, plus if she did it would have to be paid by the beneficiaries, eg me and brother anyway. So to slightly disagree with Owain, AIUI publishing the notice only protects the executor not the beneficiaries. Debts still have to be paid. Which is why solicitors do it. But if it's a non contentious family affair I don't think you gain anything. .

Flugelhorn

1. What forms do we need? (PA1?) - and the IHT form
2. How complex are they? - I managed it, really not that tricky
3. What does Swearing The Oath mean? - I went to see local solicitor, taking the bits of paper the probate office sent, I swore on the bible that that was the real will and the info was correct, paid her £7 and went home
4. Do we really need to raise a notice for creditors? I didn't as am sole beneficiary and exec and any debts would be down to any money I get from the estate
5. What will be the costs if we do it ourselves? I paid £9 to go on train to deliver the papers, £215 to the probate office (free if estate under 5k) + £1 for extra grants, £7 to solicitor and about £1.50 to get the oath sent back tracked and signed for

SevenOfNine

The main difference between DiY & a solicitor, for a simple estate, is cost & above all SPEED. If you factor in the ADVISORY advert for potential creditors to step forward (you must wait 2 1/2 months after placing the ad, which is placed when you've got the probate grant, or letters of administration if no Will).

Add to that the speed at which solicitors work even prepping everything for probate application in the first place, (IMO anywhere between first & second gear), plus their own requirements for a waiting period, & you've got a recipe for being covered in cobwebs!

DiY is the way to go, if you get stuck on anything you can ask here plenty have done it before, only looks daunting, it isn't.

Between us, me & husband have done 3 now.

badmemory

You'd have to do most of the work for the solicitor anyway, leaving them with just the forms to fill in. Once you have collected all the paperwork the form filling is just a "follow the instructions through" plod. As SevenOfNine says time is also an issue. Solicitors seem to drag it out for 6 months & in some cases much more. DIY can be completed in a couple of months.

Pimpslider

I think I understand it, as solicitors are NOT executors.

Right...
I fill out the PA1 Form.
I fill out the IHT205 Form (as there is no Inheritance Tax to pay).
I take completed forms to a Probate Registry (listed in PA4).
There I can Swear The Oath.
Pay costs of £215 plus 50p per certificate (plus Oath fee).
Hand in forms.
Sit back, and wait for this to all blow over...!

Flugelhorn

I take completed forms to a Probate Registry (listed in PA4).
There I can Swear The Oath.

10-14 day gap between taking them in / posting them and the oath papers coming back to you to either take to the registry or a solicitor

Otherwise - yep that's the process. I handed in the forms on March 8th, got the probate grant on April 11th

JJ_Egan

Key is to take your time and download two copies .
Copy one is a rough draft you can change when you spot mistakes .

Swearing the oath takes very little time .

AnotherJoe

I was able to type into the PA1 on my computer and thus amend it as needed and then when happy print out and sign.