DIY Probate

Moretolife wrote: »

Hi,


I am new to this forum although I have been reading up on it lots over the last few weeks. I'm dealing with the probate for my mothers estate. Its a straightforward estate but with property and cash.


I sent the probate forms off on the 27th January, I had a letter asking for confirmation of executors which I responded to on the 16th Feb.


Does anyone know how long this initial stage should take? Obviously I need to still have the interview but I thought I would have had confirmation by now.


Thanks

How long is a piece of string? It depends on the workload at the office you sent it to. You just have to be patient.

Well done Sandra, you have done a great job and a service advising others.

Sam

Carmen wrote: »

Hi, can I please run a few things passed you all for advice/suggestions?
My sister passed away recently and I am the executrix and soul beneficiary of her estate.
Because my sister knew that her time was limited she started to put matters into order, updating her will, 'disposing of personel/sentimental items.
Because of the above I naively thought I would have very little to do when the time came.
I had done all I could for my dear sister and just wanted to return to my family and hope that the heartache would gradually ease.
I wrongly assumed that what was left of her estate after her death would automatically just go to her husband, it appears not!
I have let him inform (that what he does best!)the relevant depts of her death so all monies that have been accruinging in her bank accounts can be altered depending upon any over payments of pensions etc.
The solictor has informed me that everything in my sisters name, including her life insurance will be passed to me after all debts/costs are paid. Apart from the funeral costs and maybe some overpayment in her state pension my sister had no outstanding debts.
My BiL has been asking me to sign statements as executor to send to insurance companies,banks etc so that he can get monies transfered to his accounts, but the solictor has told me I should be executing the will or getting him to do it! I do feel the estate is not big enough to involve solictors. I have an appointment at her bank, but the bunph they have given me to read looks the same as a solictor would do, not sure how that is going to work?
My family and friends say I should carry out my sisters wishes but I feel like walking away and trying to get my life back on track.
The thing I really want I cannot have, she is gone forever
Sorry to waffle on, but if any of the above make sense and you can advise it is not as daunting as I think I would appreciate it.

Carmen x

This may sound hard but the executor of the will has no discretion. The have to distribute the estate exactly as the will says. You can, if you wish, get a deed of variation prepared by a solicitor to give estate to someone else such as the BIL. However you are under no legal obligation whatsoever to do this. Don't let your BIL bully you into doing anything you don't want to do.

Carmen

First of all, there is nornally no need to rush at the things an executor needs to do. You can take your time. If you need a few weeks break, then take them.

I think in your situation, though, because your sister had a husband, I would want to get some basic things clear at this stage, as they may affect basic things like his home. Particularly, roughly what size your sister's estate is, and whether probate will be needed. Three main types of assets to think about:

1) Things that WILL go automatically to her husband, and do not form part of your sister's 'estate':
- A property that she owned as JOINT TENANTS with her husband will now become his, by survivorship.
- Any joint bank accounts will automatiucally become his.

2) Things that USUALLY pass outside the estate to the person who was named as beneficary of the scheme: insurance policies, death-in-service benefitsd etc. This is not always the case: you need to check with the company involved. So it all depends who your sister named as beneficiary of her life insurance, and the exact terms and conditions of the scheme. As the solicitor is telling you something different to the husband you need to NOT sign anything until you have got to the bottom of this and understand it. But again, there is No Rush.

3) What other assets did you sister have: a part-share in a house owned as TENANTS IN COMMON with her husband? Bank accounts in her sole name? Shares? Car? All these will form her estate.

You will need to apply for probate if ownership of a property is involved.
You will need to apply for probate if the sums of money are greater than banks will release on the strength of death certificate and you signing an indemnity. (This level varies from bank to bank: can be up to £25K).

Again there is no rush for a month or so. The ONLY deadline is that if your sister's estate is greater than the Inheritance Tax Threshold (£325K), then Inheritance Tax needs to start being paid after 6 months. Apart from that, you can take your time.

I assume you are the only executor, or is it you AND the solicitor?
Do you have a copy of the will yet?

You DON'T have to be the Executor; you can renounce the position. However (assuming the solicitor is not also named as Executor), the person most in line to then apply to do it (and would apply for 'Letters of Administration with Will Annexed')
would be the husband. Presumably there is some sound reason why your sister named you, not her husband, as Executor in the first place?

So some idea of what's involved under (1),(2) and (3) above would help us to help you better. For instance, there's no point in us directing you to the probate forms if they're not needed at all.