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Probate

25 replies

caramac04 · 17/10/2022 12:37

Am I mad to consider doing probate myself?
is it worth the cost of a solicitor to do it for me. I’m thinking it will be done by a para legal and one of many of their tasks whereas I can respond if needed almost immediately.
TIA

OP posts:
Purpleavocado · 17/10/2022 12:41

Depends on how complicated the estate is. As the only child I did my parents and it was easy. The probate office was helpful and it all went through smoothly.

Marmight · 17/10/2022 12:42

How simple is the estate and do you have the time to do it?
A house, many different accounts?

caramac04 · 17/10/2022 12:43

DH o

OP posts:
Trumpton · 17/10/2022 12:43

I did both my parents’ probates ( 3 way split) and MIL’s ( only small bequests) DH main beneficiary. It was easy.

caramac04 · 17/10/2022 12:44

DH only beneficiary. No death duties. I have the time to do it. House to clear and sell.

OP posts:
LimpBiskit · 17/10/2022 12:48

That sounds really straight forward. Have a go and if you're struggling, you can get help at a later date.

Soontobe60 · 17/10/2022 12:50

I did my mums this year. It was a bit of a complicated estate but easy to do it eventually.
it’s online, and I phoned the helpline as I was completing it.

CMOTDibbler · 17/10/2022 12:57

I did it for both my parents. It really wasn't that hard at all, you just need to be methodical

lifechanginglemoncake · 17/10/2022 13:00

My sister and I did it for my Dad's estate and it was quite an undertaking but nothing too bad if you are organised and have attention to detail.
Red flags that mean you might want to seek help: anything overseas, anything involved land purchases or weird property ownership beyond just a simple home, a business that needs dealing with properly. If none of these apply then have a go and see how far you get.

Gasp0deTheW0nderD0g · 17/10/2022 13:05

It was a long time ago, but my husband and I did the probate work for both his parents' wills. Very straightforward in both cases or we wouldn't have done it. It didn't take too long and it really was just a matter of being methodical and keeping a clear head.

I'm sorry for your loss. Flowers

caramac04 · 17/10/2022 13:08

Thank you for your replies. I’m going to have a go. I’m organised and fairly bright - no genius though- and think I can do it.

OP posts:
WiseUpJanetWeiss · 18/10/2022 11:27

My brother and I just did our mum's. The most difficult bit was making the professional executors relinquish! They wanted £3.5k and they would have done practically nothing as we already had all the information ready as we had LPA.

AndTheyFlyTheNest · 18/10/2022 15:48

I have done this recently, and here are some notes I made about the process, which you might find useful. I've included some dates to show how it worked out for us. Hope this is helpful!

Background - my mother died in April 2022 in England, with a very straightforward will and estate. She was divorced, and had a house and some savings which took her a little over the inheritance tax boundary. She had 3 executors, who were also the beneficiaries.

Step 1a - Value assets. Draw up list of all assets and any debts. Inform banks etc of death. Accounts will be frozen. Ask each bank for "date of death" balance and inform them of change of address for post. Get estate agents to value property.
Step 1b - Apply for the IHT Reference number (you need this on your IHT forms, so need to send off for it at least 3 weeks before sending off IHT form) - use Schedule IHT422.
Sent off 28/4/22; received 20/5/22 [3 weeks]

Step 2 - Fill in Inheritance tax forms and pay IHT - IHT 400 and associated Schedules. These are paper forms (as of July 2022). You need to fill in about half of IHT400, then the additional Schedules, then the rest of IHT400. Once IHT400 is complete you will also need to fill in IHT421 (the Summary form) and I also had to do IHT435 (the Residence Nil Rate Band claim form). You will also need various attachments (eg estate agent valuations of property, copy of the will, etc, and I sent a covering letter detailing what I enclosed). There is a helpline (0300 123 1072) which generally was excellent (although on one occasion their advice was incorrect).
Sent off 10/6/22. I then received IHT301 and IHT302 on 18/6/22
[1 week - this is exceptionally fast, I think we were lucky]. These told me what IHT I had to pay (I opted to pay in instalments, because we had to sell the house first.)I paid IHT online on 18/6/22. IHT421 (the stamped Summary form) was sent by IHT to the Probate office.

Step 3 - Apply for Grant of Probate. This can be done online (and note that the online form asks slightly different questions compared to the paper one). The Probate office says you should only apply 20 working days after having sent your IHT forms to HMRC. After you submit it you are told what you need to send them by post (the original will etc) and given a Probate Reference number. And you have to pay for it (£280).

The Probate people have a "target" of dealing with cases within 8 weeks and you cannot follow up with the Probate Office until at least 8 weeks from the time of application. There is a helpline Probate info line: 0300303 0648 and a webchat facility (www.apply-for-probate.service.gov.uk/avaya-webchat). I used the webchat facility to check my documents had arrived, as was concerned when I hadn't heard anything. I found both excellent.
Applied online 26/6/22; and sent off attachments on 27/6/22
Received email confirming probate granted on 25/7/22 [4 weeks], and hard copy arrived in post about 3 days later. [Again, this seems to be fast compared to others - maybe we were lucky]

Step 4 - Collect the assets. Many bank accounts will transfer balances of a few thousand without grant of probate, so we had begun this process earlier. Larger sums need the probate granted, and of course if you are selling a house. We were advised by our estate agent to only market the house once we had applied for probate. We had everything ready to go, so that once grant of probate came through it could be marketed. I initially thought we'd set up an Executor account to collect the assets, but most banks do not have them anymore, and I couldn't see the point. Other beneficiaries trusted me, so we used a dormant bank account of mine as the account for anything related to her Estate.

Step 5 - Prepare final estate accounts - STILL TO DO
Step 6 - Report estate to HMRC - STILL TO DO
Step 7 - Pay out - STILL TO DO

Mindymomo · 19/10/2022 15:06

I did probate for my late father in law, he had a house, savings and some cash. I got house valued and bank statements and rang the probate office helpline, who were very helpful and told me that as my late mother in law hadn’t claimed inheritance tax relief, we could get double relief, so no inheritance tax forms were needed. They told me what forms to fill in and I did these online, I wasn’t sure of a couple of questions but again another phone call and I was given advice in what to do.

ivykaty44 · 19/10/2022 18:51

I did probate myself

my find had a solicitor do their parents, the solicitor made a mess of 3 parts and friend had to send back three times, not best pleased as cost £2K

SheilaSazs · 19/10/2022 20:55

I've done it a few times, it's not difficult.

caramac04 · 21/10/2022 22:15

Thank you all for your positive responses and advice. I’m definitely going to do it.

OP posts:
Yoyooo · 12/11/2022 20:32

Do you think it would be easy enough to do probate myself for my DF's estate? He has £30k in savings in a Hsbc current account, no property or other investments/savings, nothing of real value in his house.

WiseUpJanetWeiss · 12/11/2022 22:06

Yoyooo · 12/11/2022 20:32

Do you think it would be easy enough to do probate myself for my DF's estate? He has £30k in savings in a Hsbc current account, no property or other investments/savings, nothing of real value in his house.

Yes. Has the bank confirmed you definitely need to do probate for that relatively small amount? It's not always required.

KaroH · 12/11/2022 22:12

@Yoyooo def check with the bank if they need probate and even if they say they do ask them to refer it to senior management to see if they can proceed without it.

All banks have different levels for where they need probate. Mine is £20k but I think barclays is £50k. If you get through on the phone to us we will say that we need probate but if referred to the senior management team they would probably accept a specific form signed by a solicitor (about £100) and sight of the will. Worth checking before the hassle and expense of probate.

FluffyFluffyClouds · 12/11/2022 22:26

caramac04 · 21/10/2022 22:15

Thank you all for your positive responses and advice. I’m definitely going to do it.

Good luck OP.
I did it for my Mum, and just paid a solicitor, not for probate, but to advise me on a bit of the will, and to do the Land Registry bits, which again I needed a bit of guidance on because of the will. Much less risk that way of solicitor jams holding stuff up.

Mosik · 12/11/2022 22:33

I have done parents and in-laws.
You just need to be methodical and write everything down ( former civil servant here). That includes a record of every phone call, date, time and who you spoke to.
I got the whole thing done in a fraction of the time a solicitor would take.

birdseyeview · 13/11/2022 20:41

How did it go OP?

I’m thinking of doing my Dad’s with my brother. Mum still alive so it will all go to her. We managed to get most of his savings moved to her a while ago and most of the rest went on care. Their house is owned; lots of smallish savings that Dad had. Nothing complicated. And would redo Mum’s will afterwards and set things up to make it easier when she goes (at 78 it could be many years but who knows!)

DrAliceHamilton · 13/11/2022 20:52

birdseyeview · 13/11/2022 20:41

How did it go OP?

I’m thinking of doing my Dad’s with my brother. Mum still alive so it will all go to her. We managed to get most of his savings moved to her a while ago and most of the rest went on care. Their house is owned; lots of smallish savings that Dad had. Nothing complicated. And would redo Mum’s will afterwards and set things up to make it easier when she goes (at 78 it could be many years but who knows!)

I did the paperwork for my mother's probate - everything went to my father who's entirely compos mentis and very competent but just needed a bit of handholding with the online forms. It was honestly very easy.

The only thing I got wrong was that I didn't think to record the value of all the jewellery and antiques in full: because there was no question of IHT I just did an approximate total value. If your dad had anything of that nature it's actually worth doing a thorough job and getting valuations if there's anything of serious value so that you have a record for Capital Gains Tax purposes. In fact my parents didn't have anything that wouldn't be covered by annual exemptions, but I would still get have liked to have done a tidier job.

birdseyeview · 13/11/2022 21:06

Thanks that’s really good advice. Mum needs handholding too but I think we can save the £ks that a solicitor would charge. Just remembered my neighbour is a probate lawyer so will ask his advice too.
I can’t think of anything of much value, maybe some of their art but they’re not exactly Old Masters 😂

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