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When to apply for a Probate

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The estate of my late husband is currently insolvent, but there is a Life Insurance policy currently being assesed. The Insurers will require a Grant of Probate to release the funds (there was no Trust, so all money from the policy will go into the estate and I will need to pay debts etc). 
I was keen to start the application for a Probate ASAP (as I suspect there will be a bit of a wait until granted) but I don’t know yet how much the policy is likely to pay out. 

My question is - do I need to wait with the application until the insurers confirm the amount? If I was to apply now and value the policy at a full £payout amount and then this £amount changed - what would the implications be? Would I need to apply for a new probate? 

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,732 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    if you have a rough idea it the policies value, I would submit probate now. You really only need to notify HMRC of any changes to estimated values if it effects the amount of IHT that may need to be paid, which is highly unlikely in this case.
  • unforeseen
    unforeseen Posts: 7,381 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Do you think the insurance payout would cover all estate debts? If not, then the sensible course of action would be to do nothing unless there are other reasons for needing probate
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Does the the policy have a beneficiary? If so it might not form part of the estate so will not go towards debts.
    If no named beneficiary I agree with unforseen and unless there is money left after debts cleared, I wouldn't do anything. 
    Forty and fabulous, well that's what my cards say....
  • Do you think the insurance payout would cover all estate debts? If not, then the sensible course of action would be to do nothing unless there are other reasons for needing probate
    yes it would. and I will not be able to access the insurance payout without probate. 
    thanks all - I will get the application done now

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