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  • FIRST POST
    • ANGLICANPAT
    • By ANGLICANPAT 8th Aug 18, 11:15 AM
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    ANGLICANPAT
    When does executor claim for probate costs?
    • #1
    • 8th Aug 18, 11:15 AM
    When does executor claim for probate costs? 8th Aug 18 at 11:15 AM
    I am sole executor for a friends estate -- well under the IHT allowance but will still need to obtain probate . All accounts are frozen , so death certificates and probate paperwork will befrom my own account. ( The funeral was paid for from one of his accounts by the BS . )



    On the probate form , (at page 5 12.3- "other uk debts owed by the deceased" I am putting an amount owed to me for nursing home sundry services which I covered for him before he could pay me back.



    Do I also use this same 12.3 'debt' box for amounts Ive paid out for probate and death certs , as I dont see any other suitable box? Thank you .
    Last edited by ANGLICANPAT; 08-08-2018 at 11:18 AM.
Page 1
    • Tom99
    • By Tom99 8th Aug 18, 12:08 PM
    • 3,090 Posts
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    Tom99
    • #2
    • 8th Aug 18, 12:08 PM
    • #2
    • 8th Aug 18, 12:08 PM
    On the probate form , (at page 5 12.3- "other uk debts owed by the deceased" I am putting an amount owed to me for nursing home sundry services which I covered for him before he could pay me back.
    Do I also use this same 12.3 'debt' box for amounts Ive paid out for probate and death certs , as I dont see any other suitable box? Thank you .
    Originally posted by ANGLICANPAT

    Yes 12.3 for the debt to you. You can't claim the probate and death cert costs, they just come out of estate funds.
    • ANGLICANPAT
    • By ANGLICANPAT 8th Aug 18, 12:34 PM
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    ANGLICANPAT
    • #3
    • 8th Aug 18, 12:34 PM
    • #3
    • 8th Aug 18, 12:34 PM
    Thanks for swift reply, hoped that was the case , will save me a lot of trouble rather than claiming back afterwards as theyre the only items I need taking into account.
    • Rubik
    • By Rubik 8th Aug 18, 1:56 PM
    • 298 Posts
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    Rubik
    • #4
    • 8th Aug 18, 1:56 PM
    • #4
    • 8th Aug 18, 1:56 PM
    Make sure you keep receipts for absolutely everything you are paying for with your own money - even if it's a single stamp; no receipt will mean it will be difficult for to you to reimbursed from the estate.
    • ANGLICANPAT
    • By ANGLICANPAT 11th Sep 18, 9:40 PM
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    ANGLICANPAT
    • #5
    • 11th Sep 18, 9:40 PM
    • #5
    • 11th Sep 18, 9:40 PM
    Yes 12.3 for the debt to you. You can't claim the probate and death cert costs, they just come out of estate funds.
    Originally posted by Tom99

    Just come back to this after my holidays -- just realized Im not clear HOW the costs Ive outlaid for probate, stamps, certificates come back to me out of the estate funds if they dont go under 12.3 as a debt? I cant see where on the 205 form , they would go? Cant imagine I would just be free to remove my costs from the estate once I have probate?
    • Yorkshireman99
    • By Yorkshireman99 11th Sep 18, 10:13 PM
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    Yorkshireman99
    • #6
    • 11th Sep 18, 10:13 PM
    • #6
    • 11th Sep 18, 10:13 PM
    Just come back to this after my holidays -- just realized Im not clear HOW the costs Ive outlaid for probate, stamps, certificates come back to me out of the estate funds if they dont go under 12.3 as a debt? I cant see where on the 205 form , they would go? Cant imagine I would just be free to remove my costs from the estate once I have probate?
    Originally posted by ANGLICANPAT
    Being an executor is also being a trustee and as such you are expected to act in the interests of the estate rather than yourself. So claiming costs like this is quite normal and legitimate.
    • ANGLICANPAT
    • By ANGLICANPAT 11th Sep 18, 10:27 PM
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    ANGLICANPAT
    • #7
    • 11th Sep 18, 10:27 PM
    • #7
    • 11th Sep 18, 10:27 PM
    Ah , I see , many thanks Yorkshireman .
    • Flugelhorn
    • By Flugelhorn 12th Sep 18, 8:28 AM
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    Flugelhorn
    • #8
    • 12th Sep 18, 8:28 AM
    • #8
    • 12th Sep 18, 8:28 AM
    Once you have probate as executor you will have access to the funds yourself and will be able to pay yourself any expenses, also pay debts of the deceased and then pass on the remaining funds to the beneficiaries as per the will.
    Keep accounts in case any beneficiary annoyingly feels that you have taken more than you should .. of course anything you have paid out eg certs / probate / care home fees / reasonable expenses etc are covered
    • badger09
    • By badger09 12th Sep 18, 10:55 AM
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    badger09
    • #9
    • 12th Sep 18, 10:55 AM
    • #9
    • 12th Sep 18, 10:55 AM
    ANGLICANPAT

    have you opened a separate account to deal with the estate? If not, I suggest you do so immediately. It is so much easier to keep an audit tail if the estate funds, payments etc are kept separate.

    I've recently got Probate in respect of my late sister's estate. No IHT payable but the IHT400 & accompanying forms were necessary. She had substantial savings and there is also a property to sell, with resulting utility etc bills to pay.

    I opened an Everyday Current account with Santander, in my name, but into which all estate funds have been paid and from which all estate bills and some distributions have been made. I funded the account initially with my own money but immediately withdrew the same amount once funds were available. That way, my co executor (reserved powers) can see exactly what's come in & gone out and I will probably let both beneficiaries, my niece & nephew, have copies when the estate is finalised.
    • ANGLICANPAT
    • By ANGLICANPAT 12th Sep 18, 10:37 PM
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    ANGLICANPAT
    I have indeed Badger thanks . N.Wide advised me I could just use one of my existing two current accounts with them by emptying and renaming it as the Executor Acc.
    • badger09
    • By badger09 13th Sep 18, 10:54 AM
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    badger09
    I have indeed Badger thanks . N.Wide advised me I could just use one of my existing two current accounts with them by emptying and renaming it as the Executor Acc.
    Originally posted by ANGLICANPAT
    Fair enough, but probably just as easy to open a new squeeky clean account, with one of your existing banks.
    • Yorkshireman99
    • By Yorkshireman99 13th Sep 18, 11:50 AM
    • 4,756 Posts
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    Yorkshireman99
    Fair enough, but probably just as easy to open a new squeeky clean account, with one of your existing banks.
    Originally posted by badger09
    The problem is that trust accounts are not normally run to the same rules and mixing trust money with your own is not wise.
    • SevenOfNine
    • By SevenOfNine 14th Sep 18, 9:45 AM
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    SevenOfNine
    I have indeed Badger thanks . N.Wide advised me I could just use one of my existing two current accounts with them by emptying and renaming it as the Executor Acc.
    Originally posted by ANGLICANPAT
    Are you sure this action won't convert it into a business account? N/W told me they have no such thing as executor accounts.

    Personally, I'd open a totally fresh account, perhaps with the deceased's existing bank, or at the very least with N/W if you're happier with that - in your name, a totally new a/c.

    Clearing out & changing the name of one of your own existing accounts, IMO, doesn't really start a good accounting stream. Doing that will show an account that's been in existence for xxx years & had money previously in it.

    It's not hard to keep accounts simple but watertight, a simple spreadsheet showing all income/expenditure does the job. Matching up with all receipts/bills of course.

    We only really had a bit of trouble with the local authority, resisting refunding an overpayment into an account that was not in the name of the deceased nor "executor of the estate of Fred Bloggs". Everywhere else coughed up on sight of an original probate (& death cert in some cases).
    Seen it all, done it all, can't remember most of it.
    • Oliver27
    • By Oliver27 14th Sep 18, 11:10 AM
    • 604 Posts
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    Oliver27
    Just on your original question, Lloyds at least will release funds for the funeral and the probate fee before you have a grant.
    • gdrforest
    • By gdrforest 14th Sep 18, 11:21 AM
    • 16 Posts
    • 5 Thanks
    gdrforest
    You don't NEED to open a new account for the estate, though it might help. I just used a very inactive account I had. You just deduct the expenses from the estate after probate is granted and before you distribute it to the beneficiaries. you should send a statement of account ,such as a spreadsheet, to the beneficiaries which shows all the income and expenses and the distribution of the estate.
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