Letters of administration / poers of probate

raddy59

My mother recently deceased.

Are they the same thing?

Her bank has requested this

is this something I apply fo myself or should i use a solicitor?

Keep_pedalling

If your mother had a will then you apply for probate, if there was no will then you apply for letters of administration. The process is however identical and you start from the same place when applying on line.

https://www.gov.uk/applying-for-probate/apply-for-probate

Which bank is asking for probate and how much did she hold with them ?

BooJewels

Sorry for your loss.

Just to supplement what @Keep_pedalling has already advised, as I don't think everyone actually understands what 'Probate' is, as the word is often misused. The Grant of Probate is just a single A4 sheet detailing who is entitled to administer the estate - it details the executors, a rough balance of the estate and it bears a holographic seal, hence they're often referred to as a 'court sealed document'. So buy additional copies when you apply, as anyone who asks for it will want to see this coloured metallic seal, copies won't suffice.

To apply for it - where there is a Will - Letters of Administration without one - you have to send them the original unadulterated Will (so don't take any staples out or take it out of any bindings etc) along with proof of ID etc. for each Executor. The court (HM Courts & Tribunals Service - HMCTS) then verifies that you are who you say and that tallies with the Executor details in the Will and certifies that you're legally entitled/authorised to undertake certain tasks.

It's normally only required for higher bank balances, selling a property, cashing in larger holdings of Premium Bonds and selling shares. It isn't always required, I've been an Executor 4 times and only needed Probate for 2 of them.

raddy59

https://forums.moneysavingexpert.com/profile/Keep_pedalling

@Keep_pedalling first direct - balances total about £35-40k (which was a surprise to us!)

I looked at the form PA1A - it seems straightforward enough.

raddy59

I notice a question about Inheritance Tax (section 6). Mum in Laws bank accounts held in total approx £35-40k. Do I need to notify the Revenue?

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81879082#Comment_81879082

Unless she has major other assets taking her estate over £325k you won’t need to do an IHT return. It could be double that if she was a widow.

First direct do seem to want probate if they hold more than £20k.

raddy59

@Keep_pedalling Thanks for your help so far KP, just a final one - how accurate do I have to be on the IHT estimate calculator. Off the top of my head I am getting around £40k, but it could be slightly more (say £45k)?

Keep_pedalling

You can use an estimate value, it won’t make any difference with an estate so far below IHT territory.

raddy59

What if I find more assets after Letters have been awarded