Probate Query

[Searchingforananswer2023]

parent passed away and they had inherited a small share in a property. Probate on this was underway before their death so they stated in their will that it should pass to me.

I wish to apply for probate. I would like to do this online myself. The property share is probably worth £45,000, can I do so without a solicitor? Also how do I get a true value of their share? Do I have to get this from the executor of the other estate that they inherited from?

There's an overview here, including at the end, when to use a solicitor.

https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/#h-probate

@Searchingforananswer2023 Your parent had not yet inherited anything so, for me, it’s too complex to avoid a solicitor. The executor of the estate with the property will need to know of the will stipulation of your parent but I would assume you just carry on snd get printed as the property isn’t in your parents estate. I’d want to talk this over with an expert though! How are you proposing to contact the executor of the other estate? They must know the beneficiary has died and often a will says what must happen on that case. It might not be you who is named as a beneficiary,

Sorry if I’ve misunderstood the status of the inherited property.

They had inherited and been named as a beneficiary in their parents estate. Probate for that estate is currently going through.

In my parents will I am named as the beneficiary of their share.

You didn’t say it was an inheritance from your grandparent.

Sorry yes, property was grandparents. My parent inherited a share it now passes to me. I wish to apply for probate. I would like to do this online myself. The property share is probably worth £45,000, can I do so without a solicitor? Also how do I get a true value of their share? Do I have to get this from the executor of the other estate that they inherited from?

The executor of your Grandparents estate should confirm the amount of inheritance. However, it depends how far they have progressed probate.

As your DP did not predecease their own DP then I think their share should form part of your DP estate. You do need proper advise though DP - it will be less than the £45k you could lose if your DP's siblings think that they get your parents share due to their death.

You cannot put a sum of money in an estate that’s not been released because probate isn’t granted. The executor should bypass the OP’s parent and pay out to the op. The op can only deal with the estate as it was on death. The grand parents money cannot be paid to a deceased person. The op could go for probate if all the financial strands are resolved for her parent. The parent hasn’t inherited anything. The op will.

Please get the legal advice. You don't have to instruct them to take over the whole probate application but this is the type of scenario where it helps to get advice from someone who has studied for 6 years minimum to get a qualification. Or save a few quid, do it all yourself and risk a claim against the estate swallowing up everything in legal fees.