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Small estate, solicitors named executors

Hi,  sadly my dad recently died, we're still awaiting his death cert from coroner.
We found his will in his documents, which names me and my brother as beneficiaries, but also names the drafting solicitors as executors.
His estate is small and
consists of around £7k in a bank, (they say they don't require probate).
He also has Insurances of £4.5k and £1k.
That's it, no house to sell, no car etc.

My brother and I have already paid for his funeral at £6500, in line with what we know that he wanted, it's all arranged and paid up, but obviously can't be put in place until the death certificate is issued.
We have already finalised and paid all his utility bills/rent etc. Informed the pensions etc, so there's nothing left to do except close the bank account and insurances.
So could I ask please, does anyone know; firstly do we actually need to use the solicitors named as executors of my dad's will? There's absolutely nothing left for them to do and his estate is so small it would take a huge chunk of it just to pay their fees.
Secondly, would probate be needed for such a small estate?
We've never done anything like this before and have only just found his will hidden away in his belongings.
Grateful for any advice.

Comments

  • Marcon
    Marcon Posts: 15,647 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 18 December 2021 at 11:52PM
    Hi,  sadly my dad recently died, we're still awaiting his death cert from coroner.
    We found his will in his documents, which names me and my brother as beneficiaries, but also names the drafting solicitors as executors.
    His estate is small and
    consists of around £7k in a bank, (they say they don't require probate).
    He also has Insurances of £4.5k and £1k.
    That's it, no house to sell, no car etc.

    My brother and I have already paid for his funeral at £6500, in line with what we know that he wanted, it's all arranged and paid up, but obviously can't be put in place until the death certificate is issued.
    We have already finalised and paid all his utility bills/rent etc. Informed the pensions etc, so there's nothing left to do except close the bank account and insurances.
    So could I ask please, does anyone know; firstly do we actually need to use the solicitors named as executors of my dad's will? There's absolutely nothing left for them to do and his estate is so small it would take a huge chunk of it just to pay their fees.
    Secondly, would probate be needed for such a small estate?
    We've never done anything like this before and have only just found his will hidden away in his belongings.
    Grateful for any advice.
    Contact the solicitors, explain the situation and ask if they will renounce - highly likely they will, particularly as probate may not be needed if the estate is as you describe. Check with the insurers about the payouts from the policies.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Thanks Marcon, would phoning them be ok?
  • Marcon
    Marcon Posts: 15,647 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 18 December 2021 at 11:58PM
    Thanks Marcon, would phoning them be ok?
    It would be a very good idea! Make sure the conversation is confirmed by e-mail - say that you will email them (and do so) to set out what has been agreed.

    Useful reading (for other users of this site and possibly for you): https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs14_dealing_with_an_estate_fcs.pdf
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Thanks for your advice. Looking at the damning reviews for this particular firm, it appears that they might refuse.
  • Thanks for your advice. Looking at the damning reviews for this particular firm, it appears that they might refuse.
    With no money in it for them that is unlikely, they might charge a fee to do so however.

  • Thanks for your advice. Looking at the damning reviews for this particular firm, it appears that they might refuse.
    With no money in it for them that is unlikely, they might charge a fee to do so however.

    So there wouldn't be anything it in for them? That's a relief then, I presumed they'd take their fees and leave nothing.
  • MEM62
    MEM62 Posts: 5,534 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 22 December 2021 at 1:38PM
    His estate is small and consists of around £7k in a bank, (they say they don't require probate).
    He also has Insurances of £4.5k and £1k.
    That's it, no house to sell, no car etc.
    Sorry for your loss.  What are you putting through probate?  There is nothing left to deal with. 

    The cash covers the funeral, which should be paid from his the estate anyway and insurances are outside of the estate.  
  • MEM62 said:
    His estate is small and consists of around £7k in a bank, (they say they don't require probate).
    He also has Insurances of £4.5k and £1k.
    That's it, no house to sell, no car etc.
    Sorry for your loss.  What are you putting through probate?  There is nothing left to deal with. 

    The cash covers the funeral, which should be paid from his the estate anyway and insurances are outside of the estate.  
    Not all insurance policies fall outside an estate.
  • MEM62
    MEM62 Posts: 5,534 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    MEM62 said:
    His estate is small and consists of around £7k in a bank, (they say they don't require probate).
    He also has Insurances of £4.5k and £1k.
    That's it, no house to sell, no car etc.
    Sorry for your loss.  What are you putting through probate?  There is nothing left to deal with. 

    The cash covers the funeral, which should be paid from his the estate anyway and insurances are outside of the estate.  
    Not all insurance policies fall outside an estate.
    It would be unusual if a life policy didn't.  
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