As my late siblings executor, is probate required to distribute his share of estate?

Bhaje

Hello I would appreciate your advice on the following please.

My late brother appointed me as the executor in his will, he was resident in the US and had no assets there according to his children but he is one of the beneficiaries of my late mother's estate in the UK. I am nearing the final stages of distributing the estate to all beneficiaries and would like to know if I need to apply for probate to pass on his share to his children?

BTW, The estate is net i.e Taxes to HMRC and other liabilities have been paid.

TIA

Keep_pedalling

You would only need to apply for probate if he has UK assets that could not be released without it.

Does his UK estate (including his inheritance) exceed £325k?

jaybeetoo

I’m sorry for your loss. Have you checked what the US need? If people are resident in the US they usually have to file an annual tax return based on their worldwide income. Something similar may be required when someone dies even if they have no assets in the US. Worth checking as you don’t want the US authorities coming after you.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81972595#Comment_81972595

The WW reporting only applies to American Citizens.

Bhaje

Hi Thank you for your responses.

My late brother was a UK citizen and had been living there for the past fifty years and his share of the estate is less than £325K.

You may have gathered that I am the sole administrator of my late mother's estate.

The money from the sale of her property is at the moment sitting in a non interest earning account with the expectation that distribution can be done swiftly.

If I need to apply for probate, will it delay the distribution and ultimate closure of the matter?

TIA

Keep_pedalling

Unless there are other UK assets you won’t need probate as you already have control of his inheritance money. Are any of his beneficiaries in the US?

Bhaje

My late brother's children live in US and are US citizens, does that have an impact?

RAS

The answers may well be that their tax responsibilities will depend on the state in which they live. So they each need to take local advice.