Can someone please explain probate to me, in a really simple way?!

[CalmingLava]

2 weeks ago my mum very suddenly died. She was only 45, and was terrified of dying, so hasn't left a will, didn't have life insurance etc. my father died 4 years ago, so it's just me and my sister left.

Last year she sold her house to go into a private rental (quite complicated reason as to why) and she owned her previous house outright, so we know that she has money in the bank.

I've spoken to various people/researched online about probate and quite honestly I'm more confused than ever. What do we need to do? Is it better to not go through a solicitor?

My sister and I are pretty dependant on this money coming through ASAP. I've had to leave my job as now have no child care, and my sister and her bf were living with my mum, and now need to move ASAP, but have no money for a rental deposit.

So what's the best way to go about it? Please simply explain it to me. It's all giving me such a headache!

Oh and she sold the house for about £130,000, and has probably spent a fair bit, so we're not looking at hundreds of thousands of pounds here.

Thanks in advance for any help, and sorry for the long post, I don't want to drip feed!

[Revengeofkarma]

This is pretty good. www.gov.uk/wills-probate-inheritance/overview

But in terms of the money coming through in a speedy fashion? Don't count on it.

[mumblechum1]

You need to apply for letters of administration. It does take a few weeks to come through. Could your sister ask the landlord to transfer the tenancy to her?

[poshfrock]

In order to apply for a grant of letters of administration you will need to complete forms PA1 and IHT205 which are both available from HMRC website.

www.hmrc.gov.uk/cto/forms/iht205-2006-2.pdf
hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=735

You will then need to make an appointment with the local probate registry to swear on oath that the information you have provided is correct. It will then take about 2 weeks for the grant to be issued. The cost is £45 plus £1 for each additional copy of the grant that you require.

You will need to get details of the value of all your mum's assets and liabilities in order to complete the IHT205 so you will need to write to her bank with a copy of the death certificate and ask for balances at the date of the her death. You will also need to pay any outstanding liabilities from the estate funds before they can be distributed, eg final gas and electric bill, council tax, any credit cards, loans or overdrafts etc.

If you think this is too complex then see a specialist. I am a probate lawyer and we would normally charge about £400 - £500 + VAT to obtain a grant in an estate such as this, but charges will vary depending on where you live.

Hope this helps.

[CalmingLava]

Thanks everyone for your help, that's definitely cleared it up a bit. I went to all of the banks she held accounts with today, so that's now sorted, and we've got someone coming over from a company called "simplified" on Wednesday, who are going to talk us through. I definitely understand it more now, thank you

[Ilovemydogandmydoglovesme]

We went through a solicitor who did everything for us as it was a complicated process and they took care of everything for a bill of about £600. Made life a lot easier.

[Ilovemydogandmydoglovesme]

Oh and sorry about your mum.