Solicitors or not for probate?

MJB1208

Hello,

Hoping some of you can advise based on your experiences of dealing with probate.

I got a quote from one of the complete probate services for £5000. I have since read that they can take a long time to process even the more basic parts of probate.

The estate is well below the inheritance tax threshold (approx £200,000). My concern to do it on my own is that I do not know all of her debts and liabilities, but I have since read you can place an advert so they come to you instead?

Are the forms relatively simple to complete? There are only two beneficiaries involved.

Thanks,
Matt

p00hsticks

I found it quite straightforward to apply online - you first need to do an online valuation of the estate and then apply for probate. We printed off the paper forms first and used them to pull together the values, but applied online, (although beware that the online form isn't a direct match to the paper equivalent) 

https://www.gov.uk/applying-for-probate/apply-for-probate

You are just (more) likely to be able to find out the debts and liabilities than the solicitor is by going through the deceased's paperwork - chances are that the solicitor will firstly be asking you (I presume you are executor ?) for the information anyhow. You can put a notice in a local newspaper and the London Gazette to notify any potential debtors to come forward

https://www.thegazette.co.uk/wills-and-probate/place-a-deceased-estates-notice

MJB1208

Really helpful. Thank you

p00hsticks

Forgot to say - when I had to do mine (a few months ago now) someone on this board pointed me in the direction of the documentation here

https://www.gov.uk/government/publications/inheritance-tax-return-of-estate-information-iht205-2011

which was helpful in giving an idea of what information you need to gather. Between that and the helpful advice on this board when there was anything I wasn't sure of (like the best way to send the will off) it was quite straightforward.

Marcon

Helpful and user-friendly guide from Which: https://www.which.co.uk/money/wills-and-probate/probate/diy-probate-a2us50s51q5v

p00hsticks

Marcon said:

Helpful and user-friendly guide from Which: https://www.which.co.uk/money/wills-and-probate/probate/diy-probate-a2us50s51q5v

A bit out of date though, on an initial skim read, even though it says it was last updated earlier this year - for one thing there is no longer any need to swear an oath in person at the Probate Registry (that was done away with in 2018)

Stubod

..no brainer...if it's straightforward do it yourself and save a few quid...

Owain_Moneysaver

MJB1208 said:

I have since read that they can take a long time to process even the more basic parts of probate.

That's waiting time (and there's a lot of it). The actual process in total probably doesn't take more than a weekend. 

The actual forms are quite straightforward if you're organised and used to dealing with paperwork. 

As well as placing the Gazette notice you can, if you want, get Executor's liability insurance as added protection against claims coming out of the woodwork. 

Flugelhorn

I think rhe gazette notice only protects the executor, if there are valid debts then the beneficiaries are still liable.  I was sole exec and beneficiary so didn't bother with gazette as would have had to pay out of estate anyway.

Agree forms are straightforward and lots of people manage them in their own - there is plenty of advice available on the forum if needed.

MJB1208

Does anyone know if I need to send a death certificate and any other forms if you've applied online? There's no will, so can't send that.

Thanks

RAS

So  the estate is intestate? You need to comply with these rules assuming England or Wales Intestacy - who inherits if someone dies without a will? - GOV.UK (www.gov.uk)

You need to apply to administer the estate .