Being an executor of a will

[audi321]

Hi all. My elderly mother passed last week and I am the sole executor of her estate.

The estate is very simple (joint bank account with dad, some premium bonds and a house (tenants in common with dad)).

Getting death certificate tomorrow I think, but where do I start? Google doesn't really give much advice. Should I get a solicitor or is it pretty straightforward?

Thanks for any advice.

[Johnnytheboy]

Get a solicitor.

[mike74]

Well I didn't need a solicitor when I was executor for my dad's will, found it all pretty straightforward.

I suppose it depends how straightforward the will is.

It might be an idea to request more than one original copy of the death certificate when you go to collect it if there are multiple bank accounts etc.

[Vasco]

Read what's on the Citizens Advice Bureau website for wills/executor.
As mentioned above, get a death certificate for each organisation you think you have to deal with.
If it's a simple estate, as you say, it should be possible to do it all yourself.

[audi321]

Thanks, so a complete difference of opinion there then.

The will is straightforward, everything to me and my brother. Obviously the joint bank account will go to my dad.

Estate is well under the IHT threshold. Do I need to get the house valued?

[Pitre]

https://guardianangel.network/advice/executor-of-a...

[Simpo Two]

You don't need a solicitor. It will cost you thousands and delay you by months. You're the Executor, that's all the clout you need.

I had to sort out my mother's estate; my book-keeper crunched the numbers for probate (£300) and everything else seemed to happen automatically.

Armed with a copy of the death certificate (as mentioned get as many copies as you need) and a copy of the Will, the bank and other parties will deal direct with you, so you can collect up the finances and pay any beneficiaries. Then probate and you're done. If it was me I'd just put in a fair value for the house. Good luck

[RichB]

I assume your dad is still alive so this is really simple, as said, you won't need a solicitor. Get 3 or 4 copies of the Death Certificate, and inform the necessary people, close bank accounts etc. When you register the death they will give you some advice. Furthermore it is unlikely that IHT will be payable on the house as it will become fully owned by you dad.

[toastyhamster]

No solicitor required if it's that straightforward, I've done a couple now, plus one helping out but not strictly executor. It really is very easy. The only one that has had any complication was my Mums and she tried to make it simple and as an ex-secretary to a legal firm, made them the executors, we found some minor value stuff (premium bonds) after all the work was done and they want way more to do the work to move the bonds to me than they're worth. I just check the numbers occasionally, but they've not won anything since the 1970s so I'm not holding my breath for a big win.
Most places have info on their websites on how to progress, get a few death certificate copies and just work through it.

[Jim on the hill]

Johnnytheboy said:

Get a solicitor.

Don't do this. Waste of money.

[Burwood]

audi321 said:

Thanks, so a complete difference of opinion there then.

The will is straightforward, everything to me and my brother. Obviously the joint bank account will go to my dad.

Estate is well under the IHT threshold. Do I need to get the house valued?

If you are in any way competent at following simple processes, all of which are freely available online then do it yourself. A solicitor will charge you 3% or a min of 10-15k. If you have questions there are plenty of experienced people here to help you out
No you don’t need the house valued if the estate is comfortably under the threshold.

[audi321]

Thanks all and thanks Jasey for your wishes. Not an easy time.

I’ve got a call with the registrar tomorrow morning so hopefully that will be the start of the process as everything seems to want the death certificate.

It’s more the probate and the valuations that scares me but sounds like it shouldn’t be too much bother.

[aspender]

RichB said:

I assume your dad is still alive so this is really simple, as said, you won't need a solicitor. Get 3 or 4 copies of the Death Certificate, and inform the necessary people, close bank accounts etc. When you register the death they will give you some advice. Furthermore it is unlikely that IHT will be payable on the house as it will become fully owned by you dad.

I don't think it's quite that simple in this case - not joint tenants so dad doesn't automatically assume ownership of the house, plus the will seems to state that OP and brother are the beneficiaries (and presumably not dad) so mum's share as tenant in common goes to them. As the house was owned as TiC this will mean probate comes into play as well (which could be avoided if they were JTs)

But yes it's still not rocket science, and no need for a solicitor. Even with the above it sounds like OP will be able to do IHT205 so nearly everything can be done online.

OP see https://www.gov.uk/when-someone-dies if you haven't already.

When you get the Death Cert they should offer you a code for the Tell Us Once service. https://www.gov.uk/after-a-death/organisations-you...

[Sheepshanks]

toastyhamster said:

.....we found some minor value stuff (premium bonds) after all the work was done and they want way more to do the work to move the bonds to me than they're worth. I just check the numbers occasionally, but they've not won anything since the 1970s so I'm not holding my breath for a big win.

Do you realise you can only do that for 12 months?

If you've got the Grant of Probabte you can sort it out.

[The Leaper]

I've been an executor several times, 6 I think. Done everything myself except when there was one time a property had to be sold when I used a solicitor solely for that transaction. If the Will is straightforward, being an executor is not difficult but it is time consuming and usually "paperwork dependent". Essential you keep copies of everything. You will also need to prepare a simple account statement near the end of the process.

There are some useful books available that are written in an easy, direct style eg

https://www.amazon.co.uk/Executors-Guide-Administe...

These will explain in simple terms all the steps and how to go about them. You could get a copy, read it, and then decide whether or not you are up to the task.

You could appoint a solicitor, but this will mean fees, and some solicitors take far too long to complete the process: my niece is suing a solicitor because it has taken the appointed firm 3 years so far for a simple Will to be completed! I would not advise using the services of a bank: I have found their services are done too prescriptive " by the book", slow, and very pricey.

Ultimately, it is up to you to decide whether you are sufficiently competent or not, and are willing to give the time required. If you have any real concerns, then perhaps the decision is made for you.

R

[valiant]

Use the government ‘Tell Is Once’ service.

Simple form and can be done online and informs all government agencies (pension, etc) that she’s passed and will make the necessary stops.

Also expect the pension people to screw up the dates and you’ll receive a letter demanding an overpayment back

You can use a solicitor for bits and pieces that you don’t understand like IHT and they’ll charge a lot less. We did this as the estate was quite complicated and we were concerned about IHT liabilities. We made a few incorrect assumptions that would have cost us thousands had we not taken professional advice.

[mikeiow]

valiant said:

Use the government ‘Tell Is Once’ service.

Simple form and can be done online and informs all government agencies (pension, etc) that she’s passed and will make the necessary stops.

Also expect the pension people to screw up the dates and you’ll receive a letter demanding an overpayment back

You can use a solicitor for bits and pieces that you don’t understand like IHT and they’ll charge a lot less. We did this as the estate was quite complicated and we were concerned about IHT liabilities. We made a few incorrect assumptions that would have cost us thousands had we not taken professional advice.

With added emphasis!
Wife did her father’s will after he passed in 2019: didn’t need to go to probate: that partly depends whether banks insist: he had multiple accounts, none over about 50k, & all just happily passed things to her mother.

https://www.citizensadvice.org.uk/family/death-and...

https://www.trustsestateselderlawct.com/blog/top-1...


OP, sorry for your loss. Curious to read that your mum passes everything to you & your brother, & not all to the spouse…..was that in order to avoid some IHT later or something?

It is just a matter of identifying all the assets and dealing with them methodically.
Good luck

Edited by mikeiow on Monday 14th February 08:58

[The Leaper]

valiant said:

Also expect the pension people to screw up the dates and you’ll receive a letter demanding an overpayment back
.

Your comment is unreasonable. Invariably, by the time the pension provider has been notified of the death, pension payments have continued. And they are not always reclaimed: overpayments can be offset against future payment of a widow's and/or dependents pensions, for example

R.

[RichB]

Just for clarity it is Tell Us Oncehttps://www.gov.uk/after-a-death/organisations-you...

[Rushjob]

The Leaper said:

valiant said:

Also expect the pension people to screw up the dates and you’ll receive a letter demanding an overpayment back
.

Your comment is unreasonable. Invariably, by the time the pension provider has been notified of the death, pension payments have continued. And they are not always reclaimed: overpayments can be offset against future payment of a widow's and/or dependents pensions, for example

R.

Must admit I found the Pensions service to be absolutely faultless when helping my father in law deal with my mother in law's death. Even though I'm not one of their kids, they dealt with the whole thing quickly, effectively and with compassion, bearing in mind we had the added complication of both inlays living in Spain. As for the tell us once service, even though you are a UK citizen, they refuse to assist if you live outside the UK, in fact the attitude of one of the call handlers I spoke to when asking for assistance was deplorable. But as for the UK Pensions service, 5 stars.