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Probate needed?
gt568
Posts: 2,535 Forumite
My father passed away suddenly last month....
If everything is passing from him to my mother, do we need probate?
Value of the estate is under IHT but above 5 figures.
If everything is passing from him to my mother, do we need probate?
Value of the estate is under IHT but above 5 figures.
{Signature removed by Forum Team}
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..I thought probate was always required unless no property / cash ?...could be wrong but check out the Gov web site.
We had to get it for my mom when dad passed away.
NB it is very straightforward and you can do it online for either if a will is left, or if not (2 separate forms + IT form...all very straightforward to complete). It costs about £215 I think...0 -
If everything is passing from him to my mother, do we need probate?
Were the assets being passed to your mother in your father's sole ownership or were all/some jointly owned?0 -
We didn't when Mum died - the house was owned as joint tenants and everything was left to Dad.
It may depend on whether the companies holding the money are willing to release it without probate.0 -
My understanding is there was a small amount in his name only and the rest was joint.
But i await full clarification on that....{Signature removed by Forum Team}0 -
You can often get away without probate where everything passes to the surviving spouse, but it will be required if the deceased held assets that cannot be released without it. You will not, for example, be able to transfer or sell a small number of shares without probate.0
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The house was owned as joint tenants? If so, it will pass to your mother by survivorship as will jointly owned accounts.0
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Usual approach is to assume not till someone holding and asset insists on a grant
Best to still do a full inventory and account for furure use if going to be relying on transferable nil raye bands.0 -
You should also remember that some things do not form part of his estate. Some insurances & some death benefits also.
Our condolences! We sometimes tend to be a bit fact based on here as that is what people need to hear & why they come here.
Don't forget to get the property changed to the new sole owner. That was the one thing we forgot. Coming to sell 15 years later was interesting, especially as my father had died abroad whilst on holiday, translator anyone! To be honest it wasn't really a problem as the solicitors dealing with the sale seemed to have come across it many times before, although not the foreign bit. But it made us feel a bit incompetent for having missed it earlier.0 -
my Father died leaving the family house in trust for me and my two brothers he also left a but at the time my mother was still alive, she also left the house in trust to us and both left wills their joint bank had £18k init do we still need to do probate and if so can we do it ourselves0
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You can certainly DIY but need to look into who the trustees/executors are.
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