Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Original poster

Does anyone know about probate?

43 replies

TeamsInterview · 17/08/2023 12:31

My lovely dad passed away 2 weeks ago, everything has been transferred to my mum's name with no problem but the building society has said we have to go through probate.
I thought that was only if you don't have a will.
Can anyone educate me please?

OP posts:
Gasp0deTheW0nderD0g · 17/08/2023 12:36

I'm very sorry for your loss. Flowers

Probate is the procedure if there is a will. If there isn't a will you need letters of administration, I think, and the estate gets distributed by the law on intestacy. However, from what you say, it sounds as if there is a will.

I've read on here recently that if the estate is under a certain amount you don't need to go through probate to get money transferred to the next of kin, which in this case would be your mum. However, I'm not a lawyer, so I hope somebody with more expertise will turn up and give you a reliable answer.

Good luck.

LubaLuca · 17/08/2023 12:36

You need to have probate granted to access accounts solely in the deceased's name that have a balance over £x (this can vary greatly between institutions).

taxguru · 17/08/2023 12:38

Probate is for people WITH a will.

Banks/building societies have discretion to transfer funds from accounts without probate if the amounts are relatively small, upon sight of the will, but the values/limits depend on the bank/building society really. Some are more flexible than others.

If they insist on probate before releasing funds, realistically, you have no choice but to get probate.

If it's a joint account, it should just pass to the surviving spouse without probate, but the bank will want to see death certificate.

Sounds in your case that it wasn't a joint account and was a significant bank balance, so that's why they'll be wanting probate.

FiveShelties · 17/08/2023 12:43

All the banks and building societies seem to have a different limit as to whether they need to see Probate. I lost my Mum in May and got Probate approved yesterday. It is a really easy thing to apply for, so don't feel you have to do it with a solicitor, it can take ages though.

rcat74 · 17/08/2023 12:47

I’m so sorry for your loss. If your dad had an account in his sole name and the value is over their ‘probate limit’ they will want to see a grant of probate. The executors can apply for this online. Google ‘Bank limits for probate’ and look at the cooperative page . It’s worth checking in case the person at the building society has got it wrong.

Original poster
TeamsInterview · 17/08/2023 12:49

All their accounts were joint , dad didn't have anything solely in his name, they have also asked for the house to be valued.

OP posts:
MrBrave · 17/08/2023 12:51

It’s very straightforward to apply for private online if you have knowledge of everything. Solicitor not needed.

Gasp0deTheW0nderD0g · 17/08/2023 13:33

Do you know if they owned the house as joint tenants? This is legal jargon, but that's the usual way couples own property together - just means that on the death of the first person the entire property passes automically to the survivor. I can't see the relevance of getting the property valued if your Mum gets it automatically, unless, maybe, there's still a mortgage outstanding. If so, will it be repaid from insurance?

There will be no inheritance tax to pay from the sound of it. I assume you or your Mum will have to let the Land Registry know that the house is now in her sole name.

GrunkleStan · 17/08/2023 14:29

TeamsInterview · 17/08/2023 12:49

All their accounts were joint , dad didn't have anything solely in his name, they have also asked for the house to be valued.

I had this with my dad. With my parents joint account, all we had to do was go into yhe bank with his death certificate and have his name removed.

With the savings he had in his own name, we needed probate in order to access.

Original poster
TeamsInterview · 17/08/2023 14:30

The mortgage was fully paid up and owned as tenants in common , I think.

OP posts:
Ohmylovejune · 17/08/2023 14:35

When Mum died their joint accounts were transferred direct into Dad's name with a visit, the will, death certificate, ID and about an hour of our time.

All Mum's other accounts were in her sole name and the levels at which institutions release money is very random!

One institution had a limit of 30k before probate so Mum's money was moved to Dad with the same documents as above because at 10k it was well under.

Another institution had a limit of 50k and she had just a few hundred over. That required probate to release.

Another institution had a limit of 5k so her 10k savings account also required probate to release.

Ohmylovejune · 17/08/2023 14:39

Once probate is needed you have to.list the lot and get asset valuations for her home etc.

It's a bit of a drag but we used it as an exercise to.understand what they have and where, and that's come in really useful this year with rates rising. To think Mum's one year bond starting in May 2022 was at 0.8 percent interest! At least Dad now has the money working for him

Penny5534 · 17/08/2023 14:41

I'm not that knowledgeable but know a little from the bank perspective.

If the balance of the account is over their probate limit (eg. balance is £25,000 and they want probate for anything over £20,000) write in and ask them to refer your request to not provide probate to senior management. Our limit is £20k but we regularly accept sight of the will and a specific form instead.

If it is a joint account though I don't see why they are asking for Grant of Probate. It should just pass to your mum under Law of Survivorship from what I know (admittedly quite little).

Maybe ask to speak directly to a bereavement specialist at the bank as you may have just got a newbies help who has made things up off the top of their head.

Hoppinggreen · 17/08/2023 14:44

My Mum had a will and we are going through Probate for her house.
Her bank just released the money on production of the will, her ISA provider needed forms verified by a solicitor but it was pretty quick.
Most banks have a bereavement team that can help

PuppyMcPupFace · 17/08/2023 14:44

DH's pension company insisted on probate when he died. No one else was bothered. I was the sole beneficiary.

rcat74 · 17/08/2023 14:53

TeamsInterview · 17/08/2023 12:49

All their accounts were joint , dad didn't have anything solely in his name, they have also asked for the house to be valued.

I don’t understand why the BS need a grant then without more information ( I’m a probate solicitor). Who is asking for a valuation of the property? Happy to help with more info.

Original poster
TeamsInterview · 17/08/2023 15:04

We'll speak to the bereavement team as I'm not sure we have been given the correct information. It's so awful having to sort all the admin out, when you feel so sad.

OP posts:
Original poster
TeamsInterview · 17/08/2023 15:06

rcat74 · 17/08/2023 14:53

I don’t understand why the BS need a grant then without more information ( I’m a probate solicitor). Who is asking for a valuation of the property? Happy to help with more info.

Show quote history

Thank you, the BS have asked for the valuation, mum has no intention of selling either.

OP posts:
Mindymomo · 17/08/2023 15:08

Call the Probate Office, they are extremely helpful and will give you correct advice. Get a rough idea of value of house, money in banks, ISA’s.

BorgQueen · 17/08/2023 15:26

Banks / Building societies have their own limits for probate, some insist on it with only £5k in the bank, some will have a £25k limit.
I don’t understand why a joint account would need it though - all they should need is the death certificate and they would turn it into a single account.

I’d query why they insist that probate is needed.

That said, DIY probate is fairly simple if the Estate isn’t complicated and you have all the pertinent information.
I did my FiL’s.
At the moment it’s taking around 6 months apparently, there is helpful advice on the Families section on the Moneysaving expert forums.

Marylou62 · 17/08/2023 15:29

FiveShelties · 17/08/2023 12:43

All the banks and building societies seem to have a different limit as to whether they need to see Probate. I lost my Mum in May and got Probate approved yesterday. It is a really easy thing to apply for, so don't feel you have to do it with a solicitor, it can take ages though.

Sorry for the loss of your Mum..we lost our dad 1st May and got the email Monday saying probate was granted...

Original poster
TeamsInterview · 17/08/2023 16:46

Have managed to speak to someone at the building society who knows what they're talking about and we don't need probate.
Thanks for the advice all .

OP posts:
FiveShelties · 17/08/2023 23:37

Marylou62 · 17/08/2023 15:29

Sorry for the loss of your Mum..we lost our dad 1st May and got the email Monday saying probate was granted...

Show quote history

Thank you @Marylou62 - I am sorry you lost your Dad, it is a difficult time trying to sort things out. I was hoping Probate would not take months and months, so it was a big relief to get the email this week.

FiveShelties · 17/08/2023 23:38

@TeamsInterview that will be a huge relief for you. I am sorry for your loss.

DixonD · 17/08/2023 23:43

TeamsInterview · 17/08/2023 14:30

The mortgage was fully paid up and owned as tenants in common , I think.

You’ll need grant of probate if they were tenants in common.