Applying for probate

[How u doing]

Fairly simple my wife is the only beneficiary of her mums estate. Likely to be around £200k

Is this fairly simple to DIY or should I instruct a solicitor? (caveat, I hate doing this sort of stuff, and prefer where possible to dump it on some else's desk)

[phazed]

Did my mums last year. I got all info from the web including forms.

If you do use sols, you will still have to provide all the paperwork so my thoughts were might as well do it yourself!

[LukeBrown66]

It might be an idea if you know someone who has done it to advise for their help, but I did it with the help of a friend and someone who was an IFA who helped me, it is fairly straightforward. Lots of signing is all, and picking up stuff form local councils etc.

[How u doing]

Okay the consensus is DIY.

I'll download the forms and work my way though them.

[Zumbruk]

I started to do my M-I-L's (estate ~£700K), downloaded all the forms, read the IHT stuff and ... got a solicitor to do it. Well, strictly, got him to do the taxation stuff and I did everything else. He only charged a couple of hundred quid, which I regarded as a bargain.

[anonymous-user]

Zumbruk said:

I started to do my M-I-L's (estate ~£700K), downloaded all the forms, read the IHT stuff and ... got a solicitor to do it. Well, strictly, got him to do the taxation stuff and I did everything else. He only charged a couple of hundred quid, which I regarded as a bargain.

This, have a look at the forms first before deciding.

[wiliferus]

To go in contradiction to the general opinion. When my mum died we instructed a solicitor. I’m not overly savvy on that kind of stuff, was struggling with the grief anyway, so it was much simpler to dump the paperwork at his office and let him crack on.
He dealt with everything from probate, to outstanding financial issues, and sharing the estate between my brother and I.
I think we paid a few grand which came out of the not insignificant estate.
Looking back it was the best money we spent.

[Hawkshaw]

OP - Is your wife the executor, or only the beneficiary? Probate is the executor's job. If it is a simple estate, e.g. just a property plus some savings with no financial complications, trusts, or family disputes in the background, then it should be an easy DIY job and for 200K, IHT should not be an issue.

IIRC the application form is quite simple. Basically the executor has tot up the accounts and tell the probate office what the estate is worth. If if they are happy with that, and the will is not being contested, probate will be granted and the executor can get on with distributing the estate, i.e. paying the outstanding bills and in this case transferring everything else to the sole beneficiary.

The executor is personally liable if they get it wrong, but at this level they won't, it is not rocket science.


.

[ARHarh]

My wife did her Dads earlier this year. very straight forward and easy to do if you can read. It was an easy estate though. The solicitor handling the trust the house was left in suggested it was impossible to do without her help, and she would only charge about £3k to do it. Wife spent nearly 3 hours filling out forms, and a couple of hours understanding what was needed. All went through quickly and easily.

[Jules Sunley]

For an estate under 325k in the UK you use the shorter form as this is below the single inheritance tax threshold. Very easy to do, you just need to get valuations for all assets as of the date of death. Can definitely do DIY.

[davek_964]

When I was dealing with my mums estate (2013, and well under inheritance tax threshold) - I called HMRC with some questions about the probate forms. They asked whether the estate would be liable for IHT - I said no, and they told me that meant I didn't have to do anything for probate. So I didn't.

I think a few places asked about it, but seemed happy with my explanation.

I was a bit surprised, but it did make things much simpler.

[Jules Sunley]

davek_964 said:

When I was dealing with my mums estate (2013, and well under inheritance tax threshold) - I called HMRC with some questions about the probate forms. They asked whether the estate would be liable for IHT - I said no, and they told me that meant I didn't have to do anything for probate. So I didn't.

I think a few places asked about it, but seemed happy with my explanation.

I was a bit surprised, but it did make things much simpler.

Depends on the assets. If any investments like shares etc then Probate will be needed to release the monies.

[valiant]

Jules Sunley said:

davek_964 said:

When I was dealing with my mums estate (2013, and well under inheritance tax threshold) - I called HMRC with some questions about the probate forms. They asked whether the estate would be liable for IHT - I said no, and they told me that meant I didn't have to do anything for probate. So I didn't.

I think a few places asked about it, but seemed happy with my explanation.

I was a bit surprised, but it did make things much simpler.

Depends on the assets. If any investments like shares etc then Probate will be needed to release the monies.

Yep, each establishment has its own limits. Some are as high as £75k before they need a probate cert and some are as low as £1.5k (although that lot were content with a solicitor’s endorsement).

If it’s below the IHT threshold then it’s pretty straightforward but above that, double check what extra tax allowances you’re entitled too - don’t simply post a check at anything over the threshold.

[sociopath]

If it's simple I'm sure you can do your own, we paid a solicitor to do my mum's, because we had some private shares in a company owned by aholes.
The money she got out of them more than paid for her services and meant we didn't have to deal with them personally

[davek_964]

Jules Sunley said:

Depends on the assets. If any investments like shares etc then Probate will be needed to release the monies.

There was a small sum of shares. Probate wasn't needed.

[Jules Sunley]

davek_964 said:

There was a small sum of shares. Probate wasn't needed.

You were lucky then, most share registrars require it. Shares are usually the biggest ball-ache with Probate.

[Sheepshanks]

davek_964 said:

There was a small sum of shares. Probate wasn't needed.

There's been some pressure of financial institutions not to insist on probate for small amounts. I got a small life assurance payment for my mum based on me just 'phoning them - didn't even want the dealth cert.

I think banks have some flexibility - have it my head it used to be £5K but they can go higher if they want to, before insisting on seeing a grant of probate.

If there's a property to be sold then it's certainly needed.

Don't recall any dramas doing my mum's a few years ago - estate was just over £100K, but pretty well all in cash. She was in a home - her house (that's were the money came from) was long sold.

[littlebasher]

"Spanish" bank released £25k to us last year on notifying them on my FIL death. Was dealt with in a couple of days, couldn't have been any more helpful

BoI also did the same with an ISA, paid it directly to us on receipt of the death certificate.


So we had all the cash available to us before applying for probate, which came in handy for funeral costs and paying the inheritance tax bill.

[littleredrooster]

DIY is simple enough for an uncomplicated estate - I dealt with it when my Mother died.

Tip: You don't have to use the local office; I picked one which had a much quicker turnaround at the other end of the country, 3 months rather than 9.

[matchmaker]

Jules Sunley said:

For an estate under 325k in the UK you use the shorter form as this is below the single inheritance tax threshold. Very easy to do, you just need to get valuations for all assets as of the date of death. Can definitely do DIY.

Different procedure in Scotland and different forms, but definitely DIYable.