Choosing a Probate Solicitor

DaveSmith2020

I am struggling with choosing a probate solicitor. Normally, when I buy a service, I have more information to go by, but in this instance I feel I am shooting in the dark.

Some information about the estate. Total value, after debts, is probably about £600K. I am the sole beneficiary, the executor and there are no other family members. The house is worth about £830K and it has an equity release mortgage of £300K. 

What total costs, after everything do you think I am in for? What about just the solicitors costs?

How did you go about choosing your probate solicitor?

I like the idea of saving some money by having myself contact the pensions companies, and so on.

p00hsticks

DaveSmith2020 said:

I like the idea of saving some money by having myself contact the pensions companies, and so on.

So what is stopping you from doing so ?

From what you say the estate sounds reasonably straight forward, so you may find you can handle the whole thing yourself with no need of a solicitor - it's not a legal requirement to have a solicitor handle probate.

Even if you do engage one they'll probably need you to do a lot of the legwork with regard to locating savings accounts, debts etc, so perhaps get all that together first and then reconsider if you think you still need a solicitor. If in doubt you could always pay them to give you some advice if you find you come across problems rather than have them handle the whole application. 

and you'll get plenty of help from this board if you do decide to go it alone...

SiliconChip

The MSE answer to choosing a probate solicitor is don't! It'll be cheaper and quicker to do the probate work yourself, although obviously you'll need a conveyancer if you plan to sell the house.

Keep_pedalling

You don’t need to do this not only does it cost money, but it will prolong the process considerably. Go ahead and do it yourself, there are plenty of regulars on this forum who will be happy to help with any questions you have about the process. 

Marcon

DaveSmith2020 said:

I am struggling with choosing a probate solicitor. Normally, when I buy a service, I have more information to go by, but in this instance I feel I am shooting in the dark.

Some information about the estate. Total value, after debts, is probably about £600K. I am the sole beneficiary, the executor and there are no other family members. The house is worth about £830K and it has an equity release mortgage of £300K. 

What total costs, after everything do you think I am in for? What about just the solicitors costs?

How did you go about choosing your probate solicitor?

I like the idea of saving some money by having myself contact the pensions companies, and so on.

Pensions normally (currently) fall outside the estate, so that probably wouldn't feature in probate anyway...

If you're the sole executor and beneficiary, and there are no other family members to make life difficult, then you may not need a solicitor - and certainly not a probate specialist. Try https://executorguide.co.uk/?gad_source=1&gbraid=0AAAAA9nIrN5niPBWgt2mibnO6eUikKQQR&gclid=Cj0KCQjw5ea1BhC6ARIsAEOG5pzCO2N9l0e0wA4Bgn-8cBuTVS7p9jieCQx-gXF7AHjoWC80cgxtSvsaAgSvEALw_wcB - a copy costs the princely sum of £1.99 and should give you some practical help to get you started. 

Or free help here: https://www.thegazette.co.uk/wills-and-probate/what-to-do-when-someone-dies-executor-duties?gad_source=1&gbraid=0AAAAADfHYwMAhGk5mNp3IouPdnBG4hJhI&gclid=Cj0KCQjw1Yy5BhD-ARIsAI0RbXaSXnY1unXta_8Z63SfA2OEadkLIA7HlC0xf4SlaTF-0P1QG7pybk8aAnDREALw_wcB

badmemory

If you go via a solicitor it will take at least 6 months longer.  If you know a fair bit about their affairs then you can easily do it yourself.  You will have to do all the finding of documents etc anyway.  Also do you even need to go through probate?  You will need to if there are more than £5k in premium bonds.

Savvy_Sue

badmemory said:

If you go via a solicitor it will take at least 6 months longer.  If you know a fair bit about their affairs then you can easily do it yourself.  You will have to do all the finding of documents etc anyway.  Also do you even need to go through probate?  You will need to if there are more than £5k in premium bonds.

There's a house, the OP said, so selling that will require probate. 

But I'm with those saying "get the information together, notify banks etc to get accounts frozen, use the Tell Us Once Service, see where you are then". You MAY need advice on any specific issues, but you can do that without getting a solicitor to carry out the whole process. 

You may also find that on presenting the will and proof of your ID as executor, banks will transfer some accounts to your own account without further ado. 

DaveSmith2020

Is it really that easy? I was under the impression that it must be complex, because the solicitor costs are £10K+. Also, because I have to get the house prepped and there is a ton of stuff to clear out, slowing down the whole probate process would work in my favour. The equity release company says they want their money normally within 6 months of death. If I did probate myself, can I drag it out so it gives me more time? I am presuming I cannot sell the house until probate is granted, and so cannot pay the mortgage company until I have probate. Is that right?

You are giving me another option that I never looked into.

RAS

The first question has to be whether dad was widowed or divorced at that affect IHT payments?

And since you refer to probate, we assume the deceased died in England or Wales?

It'll all happen more quickly if you do the probate yourself. You will need it to sell the house and you will get more if the house is cleared of the clutter before marketing. Having enough furniture to help people understand the usage of rooms helps.

Bear in mind that the solicitor would expect you to find all the documentation in the house anyway. So that is your priority. Use Tell Us Once, then contact the known bank accounts and check whether they need probate. Tell the Council and utilities. Both will wait for probate.

If you think there might be a hidden collection of value or a van Gogh on the walls, take that home for safekeeping. It may be worth checking with an auction house if you think there is stuff that would sell.

Set up or set aside an account for any money that banks will release on the basis of the will and your ID.

You may use the money to pay IHT, or at least the down-payment required, and later something towards the equity release if needs be. You can use this to hire a house clearance company if necessary, or get in someone to de-clutter and deep clean. Whatever you do, make sure there is a box for documents, photos, and memorabilia.

Meantime start the process of completing the forms on-line.  If you get three initial quotes from estate agents for the probate, do get them back when you've cleared the clutter if you intend to sell the property, as they may well increase their estimate (ours by 15% when prices were static). 

You'll need to submit the IHT forms, but you'll know the house value and debts, bank and savings accounts and unless there's special stuff, allow £1k for household goods.

Savvy_Sue

Definitely recommend using a house clearance company. We found ours by asking an auction house in check whether there was anything worthwhile: not a lot, as we anticipated, but they did take some of the furniture. And the clearance company took care of the rest ... it means you can open a drawer or cupboard, take out anything which matters, and leave the rest behind! And ours left the property 'staged' initially. 

poppystar

DaveSmith2020 said:

Is it really that easy? I was under the impression that it must be complex, because the solicitor costs are £10K+. Also, because I have to get the house prepped and there is a ton of stuff to clear out, slowing down the whole probate process would work in my favour. The equity release company says they want their money normally within 6 months of death. If I did probate myself, can I drag it out so it gives me more time? I am presuming I cannot sell the house until probate is granted, and so cannot pay the mortgage company until I have probate. Is that right?

You are giving me another option that I never looked into.

Not complex and you will have to do most of the work in finding all the paperwork etc to give to a solicitor. Honest it’s pretty easy even if you have to do a full IHT return first. Lots of help on here with firms as needed.

Timewise you don’t need a solicitor to slow the process down. It’s all in your hands really - some like to do it quickly others take their time or simply can’t cope with starting it to soon after the death. 

Important first step will always be to ensure house is insured though and the policy covers it being unoccupied. Especially as this is the bulk of the estate in your case and with the equity debt secured on it.

You’ll find banks will release quite significant sums pre probate especially as you are executor and beneficiary. You’ll need Will, death certificate and your own ID. 

Whenever you contact any organisation do it through their dedicated bereavement department not frontline staff in branch or on a general phone line. 

Mortgage company might want money in six months but they will realise it requires the house to sell. Just keep them updated.

if you are still unsure about going it alone try looking at the forms online and getting the information required for them. You can then make a more informed decision. And ask any questions here - loads of helpful people🙂