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Executor duties

7 replies

SuperMoonIsKeepingMeUpToo · 24/05/2018 17:04

My aunt had recently died and my husband and I are the executors of her Will. She and her husband have mirror Wills. Is the first job to obtain probate? Presumably we can go to any solicitor to get that sorted? What documentation will we need at this point? The death certificate has already been obtained by my uncle - should I ask him now for the Will?

OP posts:
Unescorted · 24/05/2018 17:06

Gov UK does a good page

<a class="break-all" href="https://www.google.co.uk/url?sa=t&source=web&rct=j&url=www.gov.uk/wills-probate-inheritance&ved=2ahUKEwjn2uuS3Z7bAhUmMuwKHXDpCm0QFjABegQIABAB&usg=AOvVaw27zs7QmBHC2UWFeZXgQIWn" rel="nofollow" target="_blank">here

Wittow · 24/05/2018 17:10

you don't have to use a solicitor, it is pretty straightforward to do it all yourself... solicitors fees will ramp up cost massively.

SuperMoonIsKeepingMeUpToo · 25/05/2018 07:56

Thank you, both: that's very useful.

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Collaborate · 25/05/2018 08:35

ramp up cost massively

Depends what you mean by massively. Many solicitors these days will do something like this for a fixed fee. Couple of thousand if it's straight forward.

Sophiesdog11 · 26/05/2018 08:54

I did my mums probate two years ago, the forms are very straightforward, especially with a will and husband as beneficiary.

Your DH and yourself can both remain as executors, or one of you can relinquish the role (again this is part of the form). If you both stay, you both need to sign the oath, but its not a problem. My DB and I both stayed as executors, even though I did the work, as he can be awkward and I didnt want any come back!

Yes you will need the will, and valuations of anything she owned that wont automatically go to her husband eg money in sole bank accounts, I think joint account money will just automatically be his.

With house, assuming there is one, again it depends how it is held, which you can find from deeds or land registry. If joint tenants, both own the whole home, so her DH will automatically be the owner now and it wont need to be listed for probate. If tenants in common, she owned half and that half will need to be valued for probate.

Once probate form has been sent off, you will get a letter within a week or 2, for you to sign an oath. This can be done at a solicitors office, or at a probate office. All info is easily accessed online.

SuperMoonIsKeepingMeUpToo · 27/05/2018 09:30

Thanks for that, sophiesdog. From what I gather from the gov.uk site unescorted recommended, probate may not be needed for joint assets (and we'll check how the house is jointly owned), but might we need probate for assets solely owned by the deceased?

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Wittow · 27/05/2018 19:41

That's correct and it depends on each institution where £££ is held how much they will issue to executor with no probate. Worth checking.

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