What happens if probate wasn't done decades ago?

wilkko73

I'm wondering if my mum ever did probate after my father died in 1999.The house had already been transferred to mum in 1995 and he wouldn't have had much money.I'm hoping around the time of the house transfer that they may have got joined bank accounts knowing Dad was ill and he no longer went out so much. I have read if  accounts are joined there is no need for probate.
I will find out I suppose during the application for mum's probate,dad did leave a will with mum as executor.
I wouldn't have thought there would be any bank records held going back to 1999 if they do ask for probate to be done,obviously it's going to stop my mother being granted probate if his needs to be done,I can only hope everything is going to be ok

Keep_pedalling

It does not sound like it was required, which is the case with a lot of deaths of the first spouse. You can check with the probate office to see if there is a record. If there is not one the probate was not applied for, but this is nothing to worry about. 

https://probatesearch.service.gov.uk/

wilkko73

Keep_pedalling said:

It does not sound like it was required, which is the case with a lot of deaths of the first spouse. You can check with the probate office to see if there is a record. If there is not one the probate was not applied for, but this is nothing to worry about. 

https://probatesearch.service.gov.uk/

Thanks I hope it all works out ok

Flugelhorn

my father died around that time, had a will - we didn't probate it as property was joint, he left very little (care home top up was paid out of his account) and everything else was joint. 
When mother died he was quite straightforward, just did probate for her. 

wilkko73

Flugelhorn said:

my father died around that time, had a will - we didn't probate it as property was joint, he left very little (care home top up was paid out of his account) and everything else was joint. 
When mother died he was quite straightforward, just did probate for her. 

Thank you,I hope our situation is simple and it doesn't become too protracted dragging things on,I expect banking records wouldn't even exist from 1999 so it would be interesting to see how they would decide.

Magnolia

My husband died in 2022 - probate was not needed as all money in joint account or my name already and house was joint.  May be the same for your dads death.

wilkko73

Magnolia said:

My husband died in 2022 - probate was not needed as all money in joint account or my name already and house was joint.  May be the same for your dads death.

Thank you.

Newly_retired

Probably not needed for your Dad and I see no reason for that to come to light now. Not a problem.

Nearlyold

There was no probate when my dad passed away, when my mum passed away some years later and left a substantial estate circa £950k no one queried why there had been no Probate for Dad. (Mum had actually inherited the money from her parents and various maiden aunts)

wilkko73

Thanks folks,to be honest because I'm broke,I was toying with the idea of using some of mum's money to bail me out if it gets released by Barclays without probate and just pay her debts off straight away then use some of the money to pay a years council tax,but then thought what happens if probate is declined if there is indeed an issue of my dad's probate not being done years before.I imagine I would be in trouble for using the money

Savvy_Sue

wilkko73 said:

I imagine I would be in trouble for using the money

No, you wouldn't. The money in your mum's account is yours, she left everything to you, remember?

You might have a problem if she left more debts than assets, but no-one is going to check what you do ...