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[redelitev6]

Has anyone here been involved with probate on a will ? . My step father passed away recently and his bank has said because of the sums of money involved my mother has to go through probate to settle the estate , at 86 she really isn't up for this and as a step son I'm not allowed to do it , the bank suggested a solicitor but my Mother thinks they are lower than a snakes belly and is loathed to use them . Is this a DIY thing or is a solicitor the best route ?

[pscocoa]

Depends how many sources of income and assets, joint bank accounts etc  if not too complicated in this respect then you could get by. Position of a wife is easier but only if your mum has mental capacity.

[Vamps]

Probate can take many months, even with a professional sorting it out.........

[Varche]

My view is you can do it yourself BUT like any due process with hoops to jump through you need to understand what you are doing. It does take time.

In my view solicitors aren't much cop. My uncle passed away over a year ago. They made a serious schoolboy maths mistake on the paperwork. Then it was all held up for months by "Inland Revenue" who had apparently got the tax due wrong by £524. Our view was that the solicitors submitted the wrong figures.

If you use a solicitor , use one recommended by a friend etc. At least you have piece of mind and family see it as "all above board". You just accept that they charge something like £3000 for shuffling a few papers around.

[pscocoa]

If the will leaves evg to the wife then it is not bad  if there are legacies and a need to account to others then you have to be careful. Get a quote from a couple of solicitors and see if you can get a recommendation.

[redelitev6]

Depends how many sources of income and assets, joint bank accounts etc  if not too complicated in this respect then you could get by. Position of a wife is easier but only if your mum has mental capacity.

  sadly not , at 86 she's struggling 

[Vamps]

Depends how many sources of income and assets, joint bank accounts etc  if not too complicated in this respect then you could get by. Position of a wife is easier but only if your mum has mental capacity.

  sadly not , at 86 she's struggling 

Then you must, at least, get some legal advice, on her behalf about the best way forward, much depends on what the will says.........

[Entwood]

If the estate is less than £325,000 it is extremely simple to do .. I've done it 5 times now  .... in essence just 2 major forms to fill out .. a PA1  and the IHT205(2006)

If its more than £325,000 but less than £1,000,000  the same forms are probably usable but its a tad more complicated.

PA1 and all the instructions are here

http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=VKhb2F_R9Q4

IHT205 and instructions are here

http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=hBFaNANqIOw

It is NOT difficult, but it is time consuming as you have to research some answers, and it takes time to get all the paperwork/data together. My late MIL had shares she had forgotten about and hadn't told anyone due to her Alzheimers .. but I tracked them all down and distributed the proceeds as her will said.... just took a few months...

I wasn't the executor in that case .. Mrs E was .. but I did all the work and she just signed the documents !!

 

[Marks DTM Calib]

As said, its pretty simple, even when getting a solicitor to do it you end up having to do half the leg work with respect to finding the assets and then liquidating them after probate has been granted so DIY is little more effort.

Idealy there will ahev been a will which names an executor, the executor can then either apply for probate or write a formal letter (or at least sign it) appointing a third party or person to work in thier behalf.

[redelitev6]

Thanks for all the help gents , forms downloaded and don't look too difficult to fill in so I'll give it a go