Unexpected death, no estate

kezzygirl

I am really hoping someone can help. My sister in law passed away suddenly aged 51, leaving no will and three children in their early 20's. Not married, not surviving partner. Sil did not work and was in receipt of Pip, and other benefits, dying with just £3 in her bank account. She has various debts, lived in a local authority house and has no assets apart from the goods in the home which are basic.  I have been dealing with notifying bank,-account now frozen- government etc.

My question is, does my husband need to apply for probate? There is nothing of value, no cash etc although she did receive about £800 in benefits a couple of days after her death, will this be reclaimed?

My husband and I have paid deposit for the funeral and her eldest child has applied for funeral grant, of which we are waiting to hear. They have received various donations from friends etc totalling just over £1000 cash to be put towards the funeral. I am not sure where this cash is, but my thoughts are we need to be getting it and keeping it to pay for the funeral, which took place this week. Thoughts?

Flugelhorn

I am really sorry to hear of your family's loss - you almost certainly do not need probate.  

With benefits it depends is they are paid in arrears or in advance - if the latter then they will be reclaimed.  

Strictly speaking the estate should pay for the funeral but if there is no estate then the council will arrange a Public Health funeral at their expense - however looks like  family and friends are prepared to donate and pay for it (as they often do). Yes need to find who has the money as will need to go to funeral director

poppystar

It does not sound as if you need probate but if it was necessary then the children of the deceased would be higher on the list of people who can apply than your husband, although I appreciate you may want to help them. 

Keep_pedalling

Probate will not be required for an insolvent estate. My understanding is that PIP payments and most other benefits are paid in arrears so of the £800 there is likely to be at worst only 2 days of overpayment, but speak to the benefits people to confirm this. 

Funeral cost have first call on any money left in her account so her creditors will have to write off her debts. I would suggest your husband writes to each of them informing them that she has died, that her estate is insolvent and that no one is administering it. Include a copy of her death certificate with the letter.

p00hsticks

I'm sorry for your loss.

Are the children still livng in the local authority house ? If so, I suggest that one way you can help is to see if the tenancy can be passed on to one of the children. If it can't, or if they have left home, then one way you could provide practical help is in clearing the property, as the authority don;t usually allow a lot of time to do this when they have potential tenants waiting.