No Probate

purgatory

Hello
I'm just looking for a little advice, sadly my father passed away in October 2020 and left a will and naming his children (four of us) the two eldest are executors and they have signed a waiver saying they don't wish to post probate notices.
So just wondering what happens next, so does his estate go into probate now (asking as we all don't get on).
As I read somewhere online (lost the page) that now it's upto the executors to sort out the monies (no property involved) and then share it out between beneficiaries.

Is that correct, does the solicitor now just had of to the executor/executors and the bank/banks release the monies too them.

Thank you 

Grumpelstiltskin

Assuming England or Wales, so if so have you looked here to see if probate has been granted?

Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

xylophone

two eldest are executors and they have signed a waiver saying they don't wish to post probate notices.

Do you mean that they have stated that they do not wish to be executors (renounced)?

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/renunciation-as-executor-of-a-will/

How does the solicitor come into it?  Did the two eldest instruct a solicitor to deal with obtaining probate?

You mention that the deceased has left only cash assets - it may be that the financial institution (s) holding the cash will require a grant to release it - this will depend on the particular rules of each institution.

Brynsam

purgatory said:

Hello
I'm just looking for a little advice, sadly my father passed away in October 2020 and left a will and naming his children (four of us) the two eldest are executors and they have signed a waiver saying they don't wish to post probate notices.
So just wondering what happens next, so does his estate go into probate now (asking as we all don't get on).
As I read somewhere online (lost the page) that now it's upto the executors to sort out the monies (no property involved) and then share it out between beneficiaries.

Is that correct, does the solicitor now just had of to the executor/executors and the bank/banks release the monies too them.

Thank you 

I don't know what you mean by 'signing a waiver saying they don't wish to post probate notices'. If you mean the executors don't plan to post notices in the Gazette, it's not a requirement to do so, especially where an estate is straightforward and all parties are confident there are no creditors lurking somewhere, but they don't need to sign a waiver (?has the aforementioned solicitor asked for this?); they just don't post the notices.

If your father died in October 2020 it's unlikely that probate has yet been granted, so the executors need to apply for it, assuming the estate is solvent (if it is insolvent, everyone should just walk away - fast) and worth upwards of £5,000.  If on the other hand probate has somehow gone through at breakneck speed, or is below the threshold at which probate is needed, then it is for the two executors to collect all the money from various sources and pay it out in accordance with the will, assuming that any debts have been settled.