Do I still need to go through probate?

[StevieKicks]

DM passed away last week. No will. Lives in a council house so no property to sell. Has just over £5k in the bank. There's only me and my brother and we were hoping to just be able to divide the cash in the bank between us once the funeral and other stuff have been paid for. Is this possible? I have access to her bank account as I've been sorting her bills since she's been in hospital but I don't want to get into trouble. Me and DB are both on low wages so don't have the £3k readily available to pay for her funeral right now, so I was hoping I could use her money to pay for it. Is this legal?

Check out the Citizens Advice website (this is for England - check specifically if that's not where you are). There are certain circumstances where you don't need probate (or letter of administration where there's no will) - no assets, low cash value in bank account may qualify you. But you'd need to check with DM's bank on their policy - and if you held PoA to administer her bank account, you'd expect it to cease on death (and if you didn't have PoA, you probably don't want to admit that .....)

Hope its a simple enough process, given the circumstances.

dealing-with-the-financial-affairs-of-someone-who-has-died

If you need money for the funeral, whatever is in her bank account will cover it. If you take the invoice into the bank they will pay it. Not sure what happens after that regarding legal stuff etc, but if there's only £5000 in her account now there won't be much left anyway, and certainly won't cover a solicitors fees.

However, on double checking you may need to pay out of your own pocket first then be reimbursed later. This might take some time unfortunately.

Assuming there are sufficient funds in the account the bank will generally allow payment of funeral expenses on presentation of death certificate and invoice from the funeral director.

It looks to be straightforward so whatever you do, don’t feel you have to get a solicitor to handle it. Their fees will take up most of what’s left after you’ve paid for the funeral.

You've had lots of good answers but just to second - do not use a solicitor.

also, sorry to ask, but is it the case that you want to spend that much on the funeral? I hope no one is pressuring you or that you are aware of other options.

Where someone dies intestate, their bank is able to release funds from their account to pay for funeral expenses. You should not be using her bank cards now, just tell the bank she has died, show them her death certificate and hand over the funeral costs.

Just gone through this and most of the banks I’ve had to notify for my mum you can send them the funeral invoice and they’ll pay direct out of the deceaseds account!!

It seems to be very dependent on the funeral directors. My beloved nok kin died and the funeral directors sent an invoice a fortnight later with a note “fyi- for when you have access to the accounts”. In the end although I did have to go through probate his account released the cost of the funeral directly to the funeral directors when I went in to freeze the accounts. A friend was arranging her sister’s funeral at the same time and had to find the money upfront.
I’m sorry for your loss and for the worry of ‘sadmin’

When my Dad died, I took the bill directly into Natwest and they paid it direct to them. I think it's because funeral costs are first in line for payment.

Unless the bank insists on you getting probate before allowing you to access your mother's money (which is highly unlikely), you will not need probate.

I would try and use an independent funeral director, ours was happy to wait to be paid but he did know us.

And absolutely don’t use a solicitor for probate but I don’t think you will need it. Unless the estate is very complicated, applying for probate is very simple and a solicitor just isn’t necessary.