DIY probate

katihannah · 8 July 2017 at 3:11PM

Hi all

I'm very glad I found this forum as I'm sure it really will save me some money. I posted on someone else's thread, but was advised to start my own in order to keep things relevant to my situation.

I am sole executor and beneficiary of my late husbands estate, and I'm somewhat alarmed to find I have to apply for probate despite him having a will (I thought the whole point of a will was to avoid this complication but apparently not).
So yesterday a nice man came to see me who works for a probate company and did his best to convince me that applying for probate and administering the estate is something that I shouldn't worry my pretty little head about and that his company would do it all for me for around £6500. That seems rather a lot to pay for something that I'm sure I can do myself.
My question to the forum is is it really such a complicated procedure? I like to think I'm quite an intelligent person, and from everything I've read about it, it really doesn't seem that difficult to me. Perhaps I'm missing something. But all the lists on the various websites that recommend when to use professional services, none if these apply to my husbands estate, it all seems fairly straightforward to me. The only reason I have to apply for probate in the first place is that he owned a property that was in his name only, not joint names, everything else was in joint names. Any advice from people with experience of applying for probate? Thanks

Mojisola · 8 July 2017 at 3:24PM

katihannah wrote: »

I am sole executor and beneficiary of my late husbands estate

The only reason I have to apply for probate in the first place is that he owned a property that was in his name only, not joint names, everything else was in joint names.

Are you sure that you need probate?

I used to think that you did in this situation but several recent threads have said otherwise.

katihannah · 8 July 2017 at 3:30PM

Mojisola wrote: »

Are you sure that you need probate?

I used to think that you did in this situation but several recent threads have said otherwise.

The bank advised me that I did, and everything I've read so far seems to agree with that. If everything had been in joint names then no, it wouldn't be necessary. I'm a bit annoyed with the solicitor who drew up the wills since she didn't mention this at all, and it would have been a much simpler process to chance to ownership to joint names had we known it would cause this problem.

zagfles · 8 July 2017 at 3:38PM

Mojisola wrote: »

Are you sure that you need probate?

I used to think that you did in this situation but several recent threads have said otherwise.

For a property owned soley by the deceased? Any links to such threads?

zagfles · 8 July 2017 at 3:44PM

Probate isn't that difficult, I've done it/helped out a few times and as long as the financial affairs of the deceased were straightforwards then so should applying for probate be. The complicated bits are the the IHT forms.

There's plenty of vultures who are waiting to rip you off with excessive fees to do what might only take you a day or 2 including research.

Does the will leave everything to you? What's the value of the estate?

katihannah · 8 July 2017 at 3:57PM

as a new user I'm not allowed to post links, but I just googled do I need probate

katihannah · 8 July 2017 at 4:00PM

zagfles wrote: »

Probate isn't that difficult, I've done it/helped out a few times and as long as the financial affairs of the deceased were straightforwards then so should applying for probate be. The complicated bits are the the IHT forms.

There's plenty of vultures who are waiting to rip you off with excessive fees to do what might only take you a day or 2 including research.

Does the will leave everything to you? What's the value of the estate?

Yes it leaves everything to me, and excluding our marital home which apparently isn't part of the estate, it only has a value of £10-15k, which I why I'm loath to part with half of it to pay the vultures for probate services I don't need! The property he owns has very little equity in it, and I suspect it will be swallowed up in legal fees when I sell it.

All of the websites I've looked at regarding probate list the circumstances under which professional advice is recommended, his estate doesn't include any of those things listed, so I think it's pretty straightforward.

Mojisola · 8 July 2017 at 4:01PM

zagfles wrote: »

For a property owned soley by the deceased? Any links to such threads?

I've had a look back and I think I've got it mixed up - it seems as if probate isn't needed if a property is owned as joint tenants or tenants in common.

Presumably, if the house was solely owned by the deceased, probate will be needed.

Could you confirm that?

JJ_Egan · 8 July 2017 at 4:14PM

Self Probate is relatively easy if the estate is a simple one .
Suggest you read the probate help guides on the governments web sites and decide if you need help .
https://www.gov.uk/wills-probate-inheritance/overview

Take your time no hurry would be my advice .

katihannah · 8 July 2017 at 4:18PM

Mojisola wrote: »

I've had a look back and I think I've got it mixed up - it seems as if probate isn't needed if a property is owned as joint tenants or tenants in common.

Presumably, if the house was solely owned by the deceased, probate will be needed.

Could you confirm that?

That's my understanding of it, yes.

zagfles · 8 July 2017 at 4:23PM

Mojisola wrote: »

I've had a look back and I think I've got it mixed up - it seems as if probate isn't needed if a property is owned as joint tenants or tenants in common.

Presumably, if the house was solely owned by the deceased, probate will be needed.

Could you confirm that?

I'm no expert but my understanding is that property always requires probate unless it passes by survivorship.

So my understanding is it will be required where the property was owned soley by the deceased or was part owned as tenants in common, but not where it was owned as beneficial joint tenants.

DIY probate

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