Unable and unwilling to administer brother's intestate estate

RAS

If there's a few hundred in the bank, ask the funeral directors to send a bill to the bank for those few hundred quid. The bank will pay the FD direct.

Then walk away. Let his landlord and any friend sort out the rest.

user1977

Grahamu said:

p00hsticks said:

Grahamu said:

 All I want to do is to 'trigger' somebody doing something.

Why ?

I don't think any one will.
As far as I can see the only reason for anyone wanting to voluntarily step up to such a role would be if it is is their financial interest to do so.
 
If the estate is worth anything then with no will you are the obvious beneficiary but not interested in administrating it. 

So unless there are any parties out there that are owed enough money to think it worth pushing to get the estate administered, I suspect things will just be left in limbo.  

I was under the impression that, if there is no-one else, the probate court would appoint someone (if they knew).

No. Any creditor could (if they thought it worthwhile, in order to realise what they can) apply to be appointed, but that doesn't sound likely given the amounts involved. In practice I expect everybody will just muddle along and nothing formal will happen.

Unless his possessions include anything of value I doubt you need to worry about intermeddling, if you did want to check for sentimental etc items or simply clear away junk.

Grahamu

I just want to say a big thank you to everyone for their comments and suggestioins which have been a great help.

Thnak you!

bunnygo

not your problem, but I'm interested to note that there is now a process for the landlord to follow, as death of tenant does not actually end the tenancy.

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/if-your-tenant-dies-without-an-executor-or-a-will

said notice will of course go to the property, where nothing will happen, but at least there is a get out for the landlord. He/she will probably have to store the stuff for a while before disposing.

Willeri

Ordinarily the person(s) who would inherit under intestacy law would act as administrator(s) or delegate that to a professional at a fee and then receive net value. In this case with little estate value, debts and insolvent net value then no obligation to act, maybe ask bank for his balance and they will you to sign an indemnity form if happy to release, and if anyone comes seeks his debts infirm them of his death and insolvent estate, others have written already re his belongings. 

bobster2

Willeri said:

Ordinarily the person(s) who would inherit under intestacy law would act as administrator(s) or delegate that to a professional at a fee and then receive net value. In this case with little estate value, debts and insolvent net value then no obligation to act, maybe ask bank for his balance and they will you to sign an indemnity form if happy to release, and if anyone comes seeks his debts infirm them of his death and insolvent estate, others have written already re his belongings. 

If there's a small amount of money in the bank - less than would cover his debts - probably not a good idea to try to retrieve it other than to have it used to pay for funeral cost directly.

Beyond paying for a funeral - collecting the money could get into "intermeddling" territory and could then involve taking on responsibility for administering the estate.

Many creditors may have a claim on those funds. And if it's not enough to pay them all - best to walk away.

Keep_pedalling

bobster2 said:

Willeri said:

Ordinarily the person(s) who would inherit under intestacy law would act as administrator(s) or delegate that to a professional at a fee and then receive net value. In this case with little estate value, debts and insolvent net value then no obligation to act, maybe ask bank for his balance and they will you to sign an indemnity form if happy to release, and if anyone comes seeks his debts infirm them of his death and insolvent estate, others have written already re his belongings. 

If there's a small amount of money in the bank - less than would cover his debts - probably not a good idea to try to retrieve it other than to have it used to pay for funeral cost directly.

Beyond paying for a funeral - collecting the money could get into "intermeddling" territory and could then involve taking on responsibility for administering the estate.

Many creditors may have a claim on those funds. And if it's not enough to pay them all - best to walk away.

I don’t quite go along with that in this cast, assets are below the funeral costs and as the OP paid for that they can legitimately take the money to cover part of the expenses they paid out. The creditors would have no claim against the OP and in any case because probate is not required they will never know what has been done. 

Had there been anything left over after funeral costs had been met but not enough to cover all debts then yes I agree just walk away.