Can I use money I didn't need probate for?

bluerob_2

Hi All,

My dad passed away mid November, I've had to apply for probate to access one of his accounts.

His estate is small and not many belongings, and no will left in place. 

I've sorted a separate bank account in my name, so any money from his affairs goes into that account. 

I've sorted a few bits out, and his car will be sold next week. These things I don't need probate for. 

Can I use the money from his affairs? The money that I didn't need probate for?

Or because I've applied for probate do I need to wait till probate is granted before I use any of the money?

Only asking as I need to pay for a few other things, that cover his funeral and a few other bits. As I paid for them. 

Also I didn't get a solicitor as the amount of estate is relatively small. 

Many Thanks
Rob

H657

I paid for funeral, wake etc from both Mums and dad’s estates before probate was granted from the money I had access to, it’s an allowable estate expense. I just recorded it all.
Once probate given I paid out to beneficiaries retaining enough to settle final HMRC payments

Keep_pedalling

If you are the sole beneficiary you can do what you like with the money as it is now yours, you don’t have to wait for probate. If there are other beneficiaries you can do a partial distribution now.

user1977

Who do you think might want to stop you? Are there other beneficiaries?

bluerob_2

I'm the only one left in the family. So no one else to share anything with. 

Flugelhorn

bluerob_2 said:

I'm the only one left in the family. So no one else to share anything with. 

In that case, so long as you care sure there are no creditors lurking (when you may need to hold some money back) , you can spend the money and certainly reimburse yourself for expenses etc at the very least 

McKneff

If he didn't leave a will you don't need probate.
Everything is inherited by you....

Keep_pedalling

McKneff said:

If he didn't leave a will you don't need probate.
Everything is inherited by you....

But the OP would need letters of administration which is basically the same process.

bluerob_2

Thanks for the replies so far guys. Really appreciate it. I'm the sole beneficiary.

I only applied for probate/letters of administration for one of his bank accounts as the amount in the account was over the threshold for the bank. Only just over mind you, but hey ho. 

I'll use the money to reimburse myself once his car is sold.