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will probate take longer if there is no will?

4 replies

NotAnEMERGENCY · 21/09/2020 11:56

It's a very simple scenario. Currently, there is just my parents and me.

My mother has a terminal illness and is not expected to live more than a few months. My father is considering making a will for himself after my mother has died but I'm not convinced there's any point.

My parents own their house outright (no mortgage) and have some savings and some shares. No significant debts.

The will would just say that I would inherit everything. As I am an only child, this would happen even if my father died intestate so there should be no difference in outcome.

He seems to think that having a will might speed up the probate process, meaning I wouldn't have to wait as long if I wanted to sell their house. Is this really likely?

OP posts:
ImaginaryCat · 21/09/2020 11:57

Always worth having a will. I've done probate myself twice, for both parents, same as you, only child. One had a will, one didn't. The will significantly reduced the amount of paperwork I had to complete.

Florencex · 21/09/2020 13:31

You don’t get probate if there is now will, you apply for something called letters of administration. I dealt with my fathers estate, he didn’t have. will as no second family involved and it was straightforward.

It was very quick and easy to get the letters of administration, it required one form to be filled in and took maybe a week to get the appointment. Once granted, the process of distributing the estate is the same and takes the same length of time as if there had been a will.

So no, the lack of a will, will not slow down or complicate the process in any way.

Florencex · 21/09/2020 13:48

*no will not “now will”

NotAnEMERGENCY · 21/09/2020 19:31

OK - many thanks for the info!

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