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Legal, pensions and money

Probate - do it yourself?

(24 Posts)
cupcake1 Sat 02-Mar-19 23:28:06

My MIL has just died and DH is the executor of the Will. Should he get a solicitor to administer probate or is it easy to do it himself on line? I know some would say it is easy to do it yourself but there is a property involved and the deeds would have to be signed over to him so does that complicate things? Any advice would be appreciated.

Anja Sun 03-Mar-19 07:17:24

That depends on the Will and how complicated it is. If there are lots of bequests to other siblings or people. It it is straightforward then he could do it himself.

There is a cost involved but so long as he follows the guidelines and makes sure everything is done legally then why pay someone else?

Anja Sun 03-Mar-19 07:19:09

Somehow the end of my second sentence has disappeared. It ought to say that if complicated then use a solicitor.

Gagagran Sun 03-Mar-19 07:23:14

My DiL did it herself online for her Mother's will and said it is straightforward with clear instructions. There were two properties involved but she dealt with it all. It may have helped that she is a qualified architect? Good luck if he decides to do it himself.

Teetime Sun 03-Mar-19 10:19:38

DH did his mothers probate and indeed our first house conveyancing and his divorce- but he likes form filling!!!

TheReadingRoom Sun 03-Mar-19 10:27:28

Interesting - as my brother & I will be executors for our father's will when the time comes. All straightforward - just bank accounts/savings which I administer anyway and no property involved as he rents.

henetha Sun 03-Mar-19 10:58:50

If the Will is not complicated then Probate is very easy to complete. My son did it online when his father died and had no problems.

Squiffy Sun 03-Mar-19 11:48:39

Agree with the other posters. It can be quite time-consuming though!

cupcake1 Sun 03-Mar-19 14:19:10

Thank you all for your comments and advice. I think DH will give it a go himself after reading this. I can only imagine the astronomical fees a solicitor would charge!

Purpledaffodil Sun 03-Mar-19 14:30:55

I did Probate for both parents on line, they were simple estates though. I seem to remember the end point was a trip to the Probate Office to swear stuff. I went to the London one, but there are local offices too.

Septimia Sun 03-Mar-19 14:38:47

My husband applied for probate when his dad died 18 months ago. The will included bequests to charities and grandchildren with the rest, including his house, to be shared between his children. The application was quite straightforward and there were no problems. The property doesn't change hands until after probate, so there should be no problem there. The forms etc are online and the only inconvenient bit is getting to the Probate Office to do the swearing! So yes, cupcake, your DH should be able to do it all himself.

Nannarose Sun 03-Mar-19 14:45:20

We have done this, and this is what I advise:
The Probate Office are very helpful and will give you information about procedure, also answer queries.
There is no rush at all - set aside a space, get plenty of folders and post-its, and take your time.
Set up a Probate Account either at your own bank, or the one used by your MiL - that makes dealing with the finances so much easier.
We have found that doing this is a helpful part of mourning - a last service for someone we loved.
However, if there are fussy relatives or the will is complicated, I'd hand it over.
Good luck

grannyticktock Tue 05-Mar-19 15:57:11

Get yourself a copy of the Which? Guide to Wills and Probate, which will take you through the process. I have done this twice without the help of a solicitor, except for selling the house. If the estate attracts IHT (which most don't) , this complicates things quite a bit and you may need a bit of help from a solicitor or an accountant. Bequests to charities also need special attention.

Selling the house as an executor is a standard procedure, it's just a matter of filling in the right paperwork etc.

A Probate Account might sound like a good idea but many banks don't offer this. If your own on bank or the deceased's bank don't, then it probably won't be possible. We (my co-executor and I) opened one at Lloyds and it was more trouble than it was worth, with endless formalities. All you need is a separate account in the name of the executor, with a cheque book facility.

If you engage professionals to do it, they will charge a percentage of the whole estate, which may be many thousands. I'd recommend getting the book, working out how much you can do yourself, and only using a solicitor if there are bits that seem too tricky. Just take your time. be methodical and keep careful records as you go along.

An extra tip: when phoning banks etc about a deceased's affairs, ask for their "bereavement section", where there should be someone specially trained to deal with this; they may offer quicker and more efficient service than the standard helplines.

littleflo Wed 06-Mar-19 08:38:56

I did it myself, it was very easy. There is an excellent help line if you get stuck.

Granarchist Wed 06-Mar-19 09:10:43

diy is very simple - probably too late but when registering a death get as many copies of the death certificate as possible - it will cost a lot more later on and everyone seems to need to see a copy! Solicitors are useful if it is complicated but they are not as quick as diy and DON'T do what a friend did and take the advice of the undertakers who suggested a probate company - she was the sole beneficiary of a small estate (under the tax threshold) and it was over a year before it was settled and the bill was huge.

Fennel Wed 06-Mar-19 09:26:33

I managed to sort out my Mother's will, it did take a few days.
We were living in the SE at the time and I was so concerned to get it right that I went to the main Probate office in London with the documents. They were very helpful.
I can't remember now all the stages, including at what stage I sold her house.I suppose it must have been before I paid out the bequests etc.

maryeliza54 Wed 06-Mar-19 09:48:29

Second everyone who says it’s very do-able. Also now you don’t have to go to a Probate Office - you can swear in front of a local solicitor who has that role. The PO sets the fee for this - when I did it for my uncle about 18 months ago IIRC it was £5. My BIL used a solicitor for his DM and it was a nightmare of delay and problems - a solicitor doesn’t actually do it in most cases but a paralegal

seventhfloorregular Mon 22-Apr-19 15:57:19

We did DH mother's probate and it was very quick and easy about eight hours work at most spread over a couple of months. However will be letting solicitor do DM's even though it would be easy as do not want any trouble from siblings who have nothing to do with her now but will no doubt want every penny they feel they are entitled to when the time comes - so if you have sibling problems then get the professionals in

GracesGranMK3 Mon 22-Apr-19 17:36:31

As I understand it you don't always need Probate on a small estate. Does anyone know the circumstances in which that applies?

M0nica Tue 23-Apr-19 14:21:04

I am trying to sort the final few ends of an uncle's estate. He died in 2000. I am using a solicitor because it involves shares in a private company, their value and dividends due and there is a solicitor at the other end as well and a stroppy and difficult company secretary.

We also used a solicitor for my father's estate. He had files of papers relatingbto investments and we were unclear what he still had and what had been sold.

However DF handled Probate when DM died and between us we did it for an aunt whose estate was quite simple.

I think, for probate, a small estate means less than £5,000, but I have heard of it being up to £10,000.

NannanTo4 Wed 24-Apr-19 14:15:29

Help please
The best way to sign / give my house to my children.

M0nica Wed 24-Apr-19 15:33:39

If you want to do it to avoid care home fees. You can't, any disposal will be disregarded in calculating how much you must pay for your care.

Otherwise go and see a solicitor. It is a simple and uncomplicated procedure, just like selling a house. but without the added complication of mortgage or money changing hands.

If you die in the seven years after you sell it Inheritance Tax is still due on it, but with the percentage falling from year to year

GracesGranMK3 Wed 24-Apr-19 18:14:31

This tells you quite a bit but I would see if you can get a free meeting with a solicitor before you do anything.

www.saga.co.uk/magazine/money/personal-finance/giving/what-you-need-to-know-about-signing-property-over-to-your-children

tidyskatemum Wed 24-Apr-19 18:24:44

The probate forms are quite straightforward. I did them for both my parents (Dad intestate, Mum with a will). I went to to the Probate Office to swear the oath and was in and out in 5 minutes. On the other hand I found the Land Registry forms a complete nightmare. They obviously think so too as they have youtube videos on filling in them in and I still found it hard work. And I had to attend an interview to prove I was who I said I was as I had inherited the property.