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Probate

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire

I know this is a srange subject but ive been looking up and im convinced that i can got the probate office with all the paper work withoug bypassing a solictor

Does any one know about these things and if this is true

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By *juk72Man
over a year ago

Reading

yes you can submit your own paperwork, just make sure you read the advice and follow the guidelines

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By *ittle_brat_evie!!Woman
over a year ago

evesham

my dad is in the process of doing it after his mum passed away last year. the solicitors wanted £4 grand to do it for him

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By *nnyMan
over a year ago

Glasgow

Yes, you can do it yourself but probate is a bit like will-making.

Solicitors make far more money sorting out the sh*t people make by DIY than they do from helping them get it right first time.

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By (user no longer on site)
over a year ago

Most DIYers spent about 30 hours of their time at before they realise there is a life out there and hand it to people who do it for real .

Remiss me if a desk I spend 6 hours putting together cos I wouldn't pay the shop 30 bucks to assemble it .

I will never get that time back again !!!!

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire

I have no problem with the cost of the funeral people, just dont want to payout nearly £5000 to pay for a solicitor i there is anyway i can help in

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By *nnyMan
over a year ago

Glasgow


"Most DIYers spent about 30 hours of their time at before they realise there is a life out there and hand it to people who do it for real .

Remiss me if a desk I spend 6 hours putting together cos I wouldn't pay the shop 30 bucks to assemble it .

I will never get that time back again !!!!"

My will, written by a solicitor, cost c £60.

I believe there are certain times of the years when solicitors will do the work pro bono + a donation to certain charities.

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By *nnyMan
over a year ago

Glasgow


"Most DIYers spent about 30 hours of their time at before they realise there is a life out there and hand it to people who do it for real .

Remiss me if a desk I spend 6 hours putting together cos I wouldn't pay the shop 30 bucks to assemble it .

I will never get that time back again !!!!"

My will, written by a solicitor, cost c £60.

I believe there are certain times of the years when solicitors will do the work pro bono + a donation to certain charities.

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire


"Most DIYers spent about 30 hours of their time at before they realise there is a life out there and hand it to people who do it for real .

Remiss me if a desk I spend 6 hours putting together cos I wouldn't pay the shop 30 bucks to assemble it .

I will never get that time back again !!!!

My will, written by a solicitor, cost c £60.

I believe there are certain times of the years when solicitors will do the work pro bono + a donation to certain charities."
Thats te point there is no will

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire

[Removed by poster at 13/01/13 00:21:52]

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

Karen, you can do it all yourself but do read everything twice.

You need to track down everything before you start filling in the forms. Make sure you have access to all financial documents and you are clear what the Will says.

I found it took longer than I expected and that things cropped up that made it complicated - like joint accounts and large gifts made in the last few years. If there is not much money or property it should be fairly straightforward.

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By *nnyMan
over a year ago

Glasgow


".......If there is not much money or property it should be fairly straightforward.

"

Whilst I hesitate to criticise advice from a different legal jurisdiction, the problem doesn't seem to be about the size of the legacy.

It's about the number of (potential) beneficiaries.

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire


"Karen, you can do it all yourself but do read everything twice.

You need to track down everything before you start filling in the forms. Make sure you have access to all financial documents and you are clear what the Will says.

I found it took longer than I expected and that things cropped up that made it complicated - like joint accounts and large gifts made in the last few years. If there is not much money or property it should be fairly straightforward.

"

There is no point thats the problem and some bright spark has put me as the executor.

Ive got to go in solictors tuesday and ask roughly how much it will cost and weigh up whether its worth the hassle of me doing it or paying the money and letting them do it

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By *nnyMan
over a year ago

Glasgow


"Karen, you can do it all yourself but do read everything twice.

You need to track down everything before you start filling in the forms. Make sure you have access to all financial documents and you are clear what the Will says.

I found it took longer than I expected and that things cropped up that made it complicated - like joint accounts and large gifts made in the last few years. If there is not much money or property it should be fairly straightforward.

There is no point thats the problem and some bright spark has put me as the executor.

Ive got to go in solictors tuesday and ask roughly how much it will cost and weigh up whether its worth the hassle of me doing it or paying the money and letting them do it"

I thought, at least in Scotland, executors had to agree up front to fulfill their task.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


".......If there is not much money or property it should be fairly straightforward.

Whilst I hesitate to criticise advice from a different legal jurisdiction, the problem doesn't seem to be about the size of the legacy.

It's about the number of (potential) beneficiaries.

"

Yes, that too. I've sent Karen a message about that.

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By *juk72Man
over a year ago

Reading

I take it you have looked at that https://www.gov.uk/wills-probate-inheritance/overview website,

My understanding (which my be wrong) was that probate was the initial declaration of value of the estate. As when my dad died, my mum did the probate and the solicitor dealt with the will/distribution of assets.

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By (user no longer on site)
over a year ago

I went through probate with my dads estate when he passed away and the total bill from the solicitor was just over £1100 , which i thought wasn't that bad ? .....

That was the end of 2008,so expect to pay a bit more

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By *nnyMan
over a year ago

Glasgow


".......If there is not much money or property it should be fairly straightforward.

Whilst I hesitate to criticise advice from a different legal jurisdiction, the problem doesn't seem to be about the size of the legacy.

It's about the number of (potential) beneficiaries.

Yes, that too. I've sent Karen a message about that."

Sometimes a 'mention in my will' ought to mean no more than that.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


"Karen, you can do it all yourself but do read everything twice.

You need to track down everything before you start filling in the forms. Make sure you have access to all financial documents and you are clear what the Will says.

I found it took longer than I expected and that things cropped up that made it complicated - like joint accounts and large gifts made in the last few years. If there is not much money or property it should be fairly straightforward.

There is no point thats the problem and some bright spark has put me as the executor.

Ive got to go in solictors tuesday and ask roughly how much it will cost and weigh up whether its worth the hassle of me doing it or paying the money and letting them do it

I thought, at least in Scotland, executors had to agree up front to fulfill their task."

Here you can be appointed without your knowledge (as I have been in the past). You can tick the box to refuse to Execute the estate but the costs of Execution will then be taken from the estate.

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire


"Karen, you can do it all yourself but do read everything twice.

You need to track down everything before you start filling in the forms. Make sure you have access to all financial documents and you are clear what the Will says.

I found it took longer than I expected and that things cropped up that made it complicated - like joint accounts and large gifts made in the last few years. If there is not much money or property it should be fairly straightforward.

There is no point thats the problem and some bright spark has put me as the executor.

Ive got to go in solictors tuesday and ask roughly how much it will cost and weigh up whether its worth the hassle of me doing it or paying the money and letting them do it

I thought, at least in Scotland, executors had to agree up front to fulfill their task."

We as a family have appointed me as im next of kin. My brain is rattling around with it aready

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire


"I went through probate with my dads estate when he passed away and the total bill from the solicitor was just over £1100 , which i thought wasn't that bad ? .....

That was the end of 2008,so expect to pay a bit more"

That doesnt sound to bad, had a bleeding shock when i found out how much heastones wherer lol

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


"I take it you have looked at that https://www.gov.uk/wills-probate-inheritance/overview website,

My understanding (which my be wrong) was that probate was the initial declaration of value of the estate. As when my dad died, my mum did the probate and the solicitor dealt with the will/distribution of assets."

You can't distribute any assets until Probate has been granted.

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By *nnyMan
over a year ago

Glasgow

[Removed by poster at 13/01/13 00:32:17]

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By *nnyMan
over a year ago

Glasgow


".............

Here you can be appointed without your knowledge (as I have been in the past). You can tick the box to refuse to Execute the estate but the costs of Execution will then be taken from the estate."

I'm disappointed to hear that. I went to considerable lengths (OK, a bunch of phone calls) before agreeing on executors who weren't beneficiaries.

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By *nnyMan
over a year ago

Glasgow

[Removed by poster at 13/01/13 00:32:22]

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


"I went through probate with my dads estate when he passed away and the total bill from the solicitor was just over £1100 , which i thought wasn't that bad ? .....

That was the end of 2008,so expect to pay a bit more

That doesnt sound to bad, had a bleeding shock when i found out how much heastones wherer lol"

You need to keep the receipts for all funeral expenses as they come out of the estate. I seem to have spent the last couple of years organising or helping with funerals.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


".............

Here you can be appointed without your knowledge (as I have been in the past). You can tick the box to refuse to Execute the estate but the costs of Execution will then be taken from the estate.

I'm disappointed to hear that. I went to considerable lengths (OK, a bunch of phone calls) before agreeing on executors who weren't beneficiaries."

A beneficiary may challenge an Executor but I too prefer to have people who aren't beneficiaries.

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By *nnyMan
over a year ago

Glasgow


".............

Here you can be appointed without your knowledge (as I have been in the past). You can tick the box to refuse to Execute the estate but the costs of Execution will then be taken from the estate.

I'm disappointed to hear that. I went to considerable lengths (OK, a bunch of phone calls) before agreeing on executors who weren't beneficiaries.

A beneficiary may challenge an Executor but I too prefer to have people who aren't beneficiaries."

As far as I recall, anyone can challenge any beneficiary who is also an executor.

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire


"I went through probate with my dads estate when he passed away and the total bill from the solicitor was just over £1100 , which i thought wasn't that bad ? .....

That was the end of 2008,so expect to pay a bit more

That doesnt sound to bad, had a bleeding shock when i found out how much heastones wherer lol

You need to keep the receipts for all funeral expenses as they come out of the estate. I seem to have spent the last couple of years organising or helping with funerals."

Any monies or things we have to pay the funeral directors are doing all that so we just pay them itemized bill at the end

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


"I went through probate with my dads estate when he passed away and the total bill from the solicitor was just over £1100 , which i thought wasn't that bad ? .....

That was the end of 2008,so expect to pay a bit more

That doesnt sound to bad, had a bleeding shock when i found out how much heastones wherer lol

You need to keep the receipts for all funeral expenses as they come out of the estate. I seem to have spent the last couple of years organising or helping with funerals.

Any monies or things we have to pay the funeral directors are doing all that so we just pay them itemized bill at the end"

Yes, but that comes from your father's money before you distribute thw rest between the three of you.

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By *nnyMan
over a year ago

Glasgow


"...........

Any monies or things we have to pay the funeral directors are doing all that so we just pay them itemized bill at the end

Yes, but that comes from your father's money before you distribute thw rest between the three of you."

Surely the object of the excercise is to reduce the disbursements and maximise the funds available for distribution.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


"...........

Any monies or things we have to pay the funeral directors are doing all that so we just pay them itemized bill at the end

Yes, but that comes from your father's money before you distribute thw rest between the three of you.

Surely the object of the excercise is to reduce the disbursements and maximise the funds available for distribution."

Yes, but the funeral will cost something. If there is a policy that pays for the funeral that gets noted on the form. If there isn't then the costs come from the estate unless someone wants to pay for them.

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By (user no longer on site)
over a year ago

I obtained probate when my aunt died.

You can download all the forms you need and the probate office staff were really helpful. It look two visits and I walked out of the office with the grant of probate.

Banks and solicitors will tell you horror stories of how had it is, but if you do your homework and follow the instructions you should be fine.

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By (user no longer on site)
over a year ago

Firstly you cannot obtain a Grant of Probate if there is no Will.

You cannot be appointed as Executor if there is no Will.

If a person dies without a Will, ie; dies intestate, then a Grant of Letters of Administration will have to be applied for. This will allow any bank accounts in the deceased's name to be closed etc.

A Grant of Letters of Administration will follow the intestacy rules which are as follows:

If a person dies intestate then the whole estate will pass by succession to his surviving spouse or to a civil partner.

If there is no wife or partner then the estate will pass equally to the children.

If there are no children then the estate will pass to his brothers or sisters and so on and so forth.

When someone dies, after the grief usually comes the nastiness. This is why solicitors are appointed.

The prices quoted for solicitors seem very high. Make a free half hour appointment with a solicitor who will advise and quote you according to the size of the estate. Its usually a set charge. If there is a house sale as well as the estate then a charge is set for this too.

If there is no house sale, ie the deceased didnt own a house or he owned it jointly with a partner, then it will just be a case of sorting the assets. The costs that will have to be paid out of an estate will be the funeral, any debts, loans, credit cards etc, any bills outstanding. Any money left will then pass to the spouse or partner.

Solicitors make a lot of money out of contentious probate, ie; when other family members disagree or dont believe that an estate has been dealt with properly. If you feel that any family member may be unsure about this, then my advice is to always appoint a solicitor. Contentious probate will never be a set charge but an hourly rate so even for a newly qualified solicitor, expected to pay £250 an hour. they will quote how many hours it is likely to take and once they go over those hours will again ask your permission to either carry on or call it a day. You could have paid out for 5 hours work and it still not be sorted and either leave it at that, whereby you will have lost over £1000 or carry on, making it very costly and more than likely take up all of the deceased's money.

This is why its always a good idea to make a Will, so that your estate doesnt get passed down to people you may not have wanted it to.

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By (user no longer on site)
over a year ago

If you want to message Diamonds then feel free. Its a long time since I worked in Probate, so am a little rusty but I dont think the rules have changed too much

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By *he_original_poloWoman
over a year ago

a Primark shoebox in Leicester


"I have no problem with the cost of the funeral people, just dont want to payout nearly £5000 to pay for a solicitor i there is anyway i can help in"

You don't need to pay it... it comes from the estate.... same with the funeral costs.

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By *iamondsmiles. OP   Woman
over a year ago

little house on the praire


"I have no problem with the cost of the funeral people, just dont want to payout nearly £5000 to pay for a solicitor i there is anyway i can help in

You don't need to pay it... it comes from the estate.... same with the funeral costs."

I know it comes out the estate but the more it costs the less the estate will be

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By (user no longer on site)
over a year ago

When a family can put legalities to the side and discuss together what the deceased would have wanted, it is always nice.

I have known of cases where people don't leave their family anything and leave all the estagte to the cats home, and people get nasty over things like this. I've also known of old guys leaving all their estate to prostitutes.

And I can't even begin to imagine how much the solicitors made when dealing with the contentious probate of billionaire J Howard Marshall when he married Anna Nicole Smith. He didn't leave all of his estate to her but left a sizeable chunk and the family took legal action because they said she only married the 95 year old billionaire for his money. I mean come on, how absurd

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By (user no longer on site)
over a year ago

Just Google obtaining probate and you will find the ministry of justice website that has all the info you need to help you decide whether you need it and if you do, how to get it.

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By *ncutgemMan
over a year ago

Bath ish

you can get probate with out a will it's difficult but not impossible or the equavalent done probate three times now

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