Probate question

Curlylady

Please bear with me as I posted similar previously, but was looking for wider guidance. N
Now in receipt of a couple of new bits of info, I am now hoping to receive some, more direct advice.
Previously explained in brief my brother passed away, left no will.

We know only these fragments of info since his passing.
He held a trust account. the trustee told us there is approximately £4000 left in account.
My nephew, next of Kin, has completed a form with the bank and has been told a decision will be made by the breavement team as to who will receive the funds. Trustee could be entitled. I am aware this is based on how the account may have been set up. Not ideal but it is what it is.
This is question number 1 - if this is so how does this leave the estate? which the answer to may help with the next question.

The Trustee to my brothers affairs (if you like) told my nephew there is a Rental Property refund due back to next of kin
Nephew has contact said Estate Agents who have requested documents to include a Will and Probate certificate, despite being told there is no will and the estate value is less than £5000.
The bank did not even require Will or Probate.....
I understood that you generally apply for probate if the estate is worth more than that. I am aware each bank/ departmental office may have a different cap to that.
I want to advise my nephew as best I can. I have been googling every question and searching the estate agents terms & conditions which is coming up blank.
He has started to apply for probate, but honestly should he really have to supply a copy of probate to claim 850 pounds back and yet the estate is next to nothing?
I have never rented (possibly irrelevant but not familiar with the system) but some clarification from anyone who has had similar experience/resolution or could point us in the right direction would be kindly appreciated.

Yorkshireman99

Curlylady wrote: »

Please bear with me as I posted similar previously, but was looking for wider guidance. N
Now in receipt of a couple of new bits of info, I am now hoping to receive some, more direct advice.
Previously explained in brief my brother passed away, left no will.

We know only these fragments of info since his passing.
He held a trust account. the trustee told us there is approximately £4000 left in account.
My nephew, next of Kin, has completed a form with the bank and has been told a decision will be made by the breavement team as to who will receive the funds. Trustee could be entitled. I am aware this is based on how the account may have been set up. Not ideal but it is what it is.
This is question number 1 - if this is so how does this leave the estate? which the answer to may help with the next question.

The Trustee to my brothers affairs (if you like) told my nephew there is a Rental Property refund due back to next of kin
Nephew has contact said Estate Agents who have requested documents to include a Will and Probate certificate, despite being told there is no will and the estate value is less than £5000.
The bank did not even require Will or Probate.....
I understood that you generally apply for probate if the estate is worth more than that. I am aware each bank/ departmental office may have a different cap to that.
I want to advise my nephew as best I can. I have been googling every question and searching the estate agents terms & conditions which is coming up blank.
He has started to apply for probate, but honestly should he really have to supply a copy of probate to claim 850 pounds back and yet the estate is next to nothing?
I have never rented (possibly irrelevant but not familiar with the system) but some clarification from anyone who has had similar experience/resolution or could point us in the right direction would be kindly appreciated.

Anyone owing the estate money is entitled to require probate. Where the is no will letters of administration have to applied for instead. For small estates it is a pain but there is no way round it.

chesky

Presumably nephew is brother's son.

Curlylady

My nephew is my brothers son.