Probate and advice re Solicitor

getthemax

I've checked on the HMRC site and looked at the guide to filling in the probate form.

I didn't even realise that you needed to apply for probate in such a case :embarasse

Since she's a retired schoolteacher, I think she'll be quite capable of filling it in herself.

Thanks for everyone's help on this and I've passed details on to her.

Sailor_Sam

Our Mum died last year, my sister and i were joint executors. We found the solicitor who did the will wanted to do all sorts of winding up, but we did it ourselves. I made a phone call to the Probate office, and they were very helpful.
They will tell you everything they are going to know.

localhero

Hi Getthemax,

If the estate involves jointly held property (as joint tenants), bank accounts etc, and there's only personal items of modest value, then Probate may not be required. All that is required is a death certificate to be sent to the bank(s) and the Land Registry for the property to be transferred to the surviving co-owner.

If the deceased had bank accounts in their sole name worth more than £5000, then Probate may be required. In that case you are right, your brother in law's friend as sole executor can deal with the probate themselves.

A possible reason for applying for probate is when the surviving spouse dies and the joint estate is worth more than £312,000, the law allows the doubling up of the nil rate band for the surviving spouse. This must be claimed on second death and various pieces of paperwork must be produced to support the claim including valuations of the property of the first spouse.

But in any case, your brother in law's friend could do this for free (aside from the probate fee) without the involvement of the solicitor.

hilstep2000

My Mamma died in January, and I didn't bother with probate at all. Their flat went to my Dad (No IHT on spouses) and after funeral expenses were taken out, her estate was less than £5000. So all I did was send the death cert and any other documents required to various people. (Insurance, DWP etc) and that was all.