Applying for Probate

I have applied for probate on three different occasions. Two were simply but the third was on behalf of my daughter with learning difficulties who husband died without leaving a will. You can do it yourself, your husband could do it as next of kin. Go online and look up the government website for applying for probate. It will give you all the steps to take. You would fill in a form, take it to the local family court, pay your money about £125 I think. After a few weeks, about6 they will ask you to go in, swear on the bible and then issue you with necessary stuff to go the thebanks etc. No solicitor needed and dead easy. My problem was as I was not the next of kin but my daughter Ihad to apply for Power of Attorney first so I could apply on her behalf.

Good ideas here - by the way I meant £11,000 not £111,000 !!!! I have decided to start by trying to approach my s-in-law and then if no reply, going for probate. I have spent some time on-line looking at ways to do it and will start within the next couple of weeks with the assistance of a friend who has done this a couple of times - fingers crossed.

My DH would have been able to access to his brothers money from the bank if it had been under a certain amount. It varies but in this case it was £50,000.
He would have just needed the death certificate and 2 proofs of ID(photo) and utility bill. They have not asked for any other signatures.
Not sure about ISAS. Why can’t you get the sisters signature? Surely it’s in her interests to cooperate.
I realise that there is a communication breakdown but why not just try writing a letter of consent and send it to her.

You should be able to withdraw the funds with a statuary declaration available from bank. Signature needs to be witnessed but not necessarily by a solicitor it can be any public notary e.g. JP which may not cost as much as solicitor. I would ask bank first before going to any expense.

I think there may be a problem because the OP said that the forms need to be signed by her DH's sister, who will not do so. I think that signature will be required at some point on the probate form or on distribution.

I think it would be wise to seek advise initially through CAB. Yes, CAB will only tell her about local firms of solicitors, but they will be able to let OP know which ones offer half an hours free advice and specialise is wills and administrations.

Thanks for replies - the bank were fine and helpful when my husband rang them and they confirmed that there was no money left in the account (he had a copy of her latest bank statement which showed over £111,000 the month before) and that the money had been withdrawn over the previous 4 weeks when my m-in-law was dying. It is wrong that his sister took the money and she lied to him to justify some of it but that is not the issue here (quietly seething nevertheless). Nonnie I will have a go at obtaining probate online - fingers crossed.

I had to deal with his finances when my husband died recently, I was pleasantly surprised when I went to the bank as they sorted everything out including his ISA without any probate. I had to take my passport and marriage and death certificates in and everything was transferred to me as he made no will and had no children of his own.
So approach the bank and ask to see/speak to their bereavement team.

In my case probate was not necessary.

My husband is just starting the process. His brother died intestate. He just went to our usual solicitor who has put things in motion. It is costing about £500.

I have done probate for a family member who died intestate. It is not very complicated.
I find CAB only give out a list of local solicitors which you can find yourself.

Probate is really simple just look at the government website and it will tell you all you need to know. I have done it and found it very straightforward and I also found the helpline excellent. First of all read all the blurb

I found that the banks were incredibly helpful when DH died, and full of advice. So that would be my first port of call. I understand that probate on line is very easy, although my solicitor did this as part of the administration duties.

They won't release money from an ISA with a death certificate , you need probate , especially with no will

You can actually apply for probate online but I don't know how it works other than it can save you hundreds of pounds ( without the need for a solicitor ) It's something that you'll have to look into.

A bank would normally release funds from the deceased after being shown a death certificate so SiL could acquire this easily without the need for a solicitor, usually.

How about consulting Citizen's Advice (CAB)? There will be a local office and that is free.

Some solicitors also have a scheme that offers half an hours free help and advice. The CAB will probably be able to help you there.