[Closed] Probate

My sister and I are going through it at the moment. Luckily we get on and are the only beneficiaries so have no worries on that part. We instructed solicitors early on and just follow their instructions. We've not really had to do very much tbh. We've made no concrete decision around the house, so that is just sat at the moment, we don't need to rush that. I can understand if you are a long way away, that will be difficult. Actually clearing the house will be hard, I'm not sure what we will do.

As far as the legalities go, it sounds like you are in a straight forward position so there shouldn't be any stress there at least. We lost my dad about 6 months ago, we've just been told it will be about another 8 weeks for everything to finalise.

Sorry for your loss. Similar to yourself my Mums estate was below the tax threshold with self and brother as joint benefactors and executors. Probate took approx 3 to 6 months without solicitor assistance. It was a relatively simple process but there weren’t any complicated investments etc and I’m fairly used to paperwork. Hope that helps.

My FIL died in March. Straightforward estate, cash only with no assets to dispose of and few beneficiaries.  Still waiting, we were told 8 months minimum.

Sorry for your loss, hope you get it all sorted.

My dad passed away last Christmas and my mum had the probate all concluded by end July. That is Scotland.

Did both my parents' estates myself - only used a solicitor to do the conveyancing when I sold the house. Took a few months, but nothing too difficult or stressful despite both parents having quite a few shares and a couple of other small investments.

My parents, also in Scotland, died within two weeks of each other in April/May 2020.
Nothing complicated in the will. No falling out between siblings.
The process concluded last week.

Sorry for your loss.

When Dad died, Mum instructed the solicitors to handle probate and be executors. It was a straightforward will- everything going to Mum, but she'd seen a friend have to do all the legwork when her husband died to save a few ££.

All the various organisations that had to be contacted seemed to accept a solicitor saying "Im mr solictor LLb doing probate for the late Mr X" at face value- her friend had to send loads of death cert & probate copies off. Mum decided at what is a stressful time do you want to be adding to the hassle?

Sorry for your loss. I've dealt with three estates as executor over the last seven years, two had properties and a few pots of savings/shares and required probate.
I relied on the deceaseds family solicitors in both cases and they were prompt and efficient, all completed within five? months or so. I could not be bothered to DIY the process, many people do. Make sure the solicitors give you an estimate of the likely costs, and keep a statement of their charges handy, be prepared to question any expenditure that you don't understand.
The third estate I executed didn't require probate.
Sorting out House clearance and disposal of personal effects is enough to be going on with.
Hope it all goes well.

All the various organisations that had to be contacted seemed to accept a solicitor saying “Im mr solictor LLb doing probate for the late Mr X” at face value- her friend had to send loads of death cert & probate copies off. Mum decided at what is a stressful time do you want to be adding to the hassle?

That's interesting to hear, MrsMC and her brothers are having a right ballache with some places while they sort out her father's estate, though that might be complicated as they have PoA for her mum who is in a home.

My Dad just went through this after his step-Dad died in Feb (COVID) and then Mum in August (old age).
He did most of it himself I think. First one took several months - including ridiculous bureaucratic hold ups which I won't bore you with - but I suspect the second may be longer due to property, getting valuations etc.

Good luck. I'm dreading having to go through this kind of thing from the other side of the world.

I'm sorry you've been through all this, fevouredimage - and I hope you are feeling okay?

My mum died of cancer twelve months ago, and I dealt with everything myself (Inheritance Tax, Probate, house clearance and sale).  After hearing all the stories of how long it took, I was surprised to find the exact opposite.  HMRC took less than two weeks, and then probate took 17 days from receipt of the form!

So I hope it also goes smoothly in your case.

Sorry for your loss, hope you're coping OK.

My mom died March 2020. It took well over a year to get the Grant of Probate, which meant we finally managed to sell ye olde childhood home in September. We ran into issues because our case should have been straightforward - two executors who were also the equal beneficiaries (myself and my brother), on an estate with no debts or inheritance tax - one house, savings in the bank, and Premium Bonds.

The problem was apparently our 'straightforward' case got passed to a junior staff member at the Probate Office, who completely messed up the entire process. All sorted in the end, but it's a bit of a nightmare if it goes wrong. We might have saved ourselves a lot of stress and hassle if we'd got a solicitor or service to do it for us, but we thought it'd be simple.

I'd advise getting several original copies of the Grant of Probate (with the little hologram on), as so many places demand on having an original physical copy (but are absolutely bloody useless at sending it back).

Did probate for my dad's estate back in 2019. No complex affairs, was pretty easy and mostly done online via HMRC.
Hardest bit was getting all the paperwork for savings, investments etc. together at the start.
Saved quite a bit of money not going solicitor route

My tactic has been to give everything to my lawyer and be prepared to pay the bill accordingly. I have also been hiding from signing things so its a long drawn out process. But thats just me.

I've recently started the process to (my dad died in September and mum a couple of years before that), my brother and I are the only beneficiaries in the will - I was happy enough for us just to pay for a probate solicitor but my brother reckoned it would be easy enough for us to sort it between us (with him doing most of the work as he's a stay-at-home dad). His logic was we'd still need to provide virtually all the info to the solicitor anyway so it wouldn't save much effort. It's going fine so far (banks, government etc. informed) but we've not got into the valuing the estate part yet which I guess is where the real hassle starts.

The house is unoccupied but the insurer has been informed (his policy was max 60 days unoccupied at a time and I can stay over once every few weekends - although I'm guessing if something happens and a claim does need to be made it will get complicated). I'm also not sure what happens if his policy runs out before you get grant of probate (although shouldn't be an issue for us as it had only just renewed)?

I've also read about the whole process taking 9-12 months (if not contested) which does seem excessively long unless it's you dragging your feet on filling in the forms etc.

Judges are human. Just hire some strippers to go and entertain the judge with some racist jokes and you'll be fine.

https://www.ajc.com/news/nation-world/alabama-judge-removed-from-bench-over-racist-sexist-comments/OYPSRQ6E3NHVPFXSO6HYUT3XPU/

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We did probate ourselves and only involved solicitors when necessary. FIL passed and MIL still alive but had to sort out savings and the house for her. Did it as cheap as we could (also did POA). Not too difficult and just follow all the steps - helpful that I'm an accountant and wife has a law degree.

I can appreciate people not wishing to do it - it's a headache (all be it not hard). You just have to have everything correct.

If/when MIL passes we'll probably sort it again, divided by 3 sisters, but unlikely there will be much left as MIL's main asset (house) is secured against care costs.

I’d advise getting several original copies of the Grant of Probate (with the little hologram on), as so many places demand on having an original physical copy (but are absolutely bloody useless at sending it back).

Definitely this, same as getting several official copies of the death certificate.

Still waiting, 18 months in. England. my brother's been handling it. Office say they have all the evidence they need, but we just have to wait until it gets to the top of their pile. We've had an offer on the house, but I think we'll be asking for a revaluation given the market has gone a bit nuts this year. Time to take the big strimmer up to the garden again I guess.

I did my Dad's probate myself - straightforward. (10+ years ago)

When my mum died in 2017, for personal reasons I used a solicitor - what a nightmare. Procrastination/ fees accumulating/ periods of radio silence.

I'd do it yourself if at all possible.

I did probate myself in early 19 just as the system had moved entirely on line. Estate was left to myself and immediate family who all have a good relationship. There were a number of different assets / investments involved which maybe consumed 20 hours admin, all settled within 12 weeks. I’d do the same again, but only so long as everyone’s on the same page with a high degree of trust between all involved.

Like most government departments the Probate Service is very hit and miss at the moment. Some grants are coming through within the normal 4 - 6 weeks, others are taking 9 or 10 months and there seems to be no rhyme nor reason to it.

The OP has enlisted the help of a solicitor, so there shouldn't be much for them to do, beyond providing the initial information to the firm they have instructed. As far as timescales go the solicitors have to allow 6 months from the date of the grant before they distribute the estate. This is to allow time for any claims against the estate to come forward and to protect the named executors against liability.

As the OP is both Executor and beneficiary they might waive this. But in any case we always advise that the whole process will take between 8 & 12 Months especially where there is property involved.

If you are interested I have done a video which answers the most frequently asked questions.

I had no problems with my uncles estate 18 months ago, I did all the processing myself, ike others have said and just used a solicitor to handle the house sale. But after going though it, I would never question anyone using a solicitor to do it all instead.

It took some time for us, but that was mainly the nightmare solar panels he had on his roof, everything else is relatively simple - there are two HMRC forms, a simple one that sounds like you would qualify for and a more complicated one for fancy investments.

The main pain for me was actually the pension - I just had a continual stream of 'he was overpaid pension' followed by 'no, wait, he was underpaid' followed again by 'no, wait, he was overpaid'.

Estate agents can handle visits to the house so don't worry too much about having to trawl 100 miles to let people in.

My Dad died at the end of 2019 and it’s just been settled this week. Nothing complex, house, savings and some shares, no will but that wasn’t a sticking point.
I’m not in the UK so my sister was dealing with it, and took on his house in the end. Just short of 2 years and 2.5 grand in fees - solicitor imo was pants but I suppose a pandemic happened in the middle of all that.

My Dad died in January this year, Mom died 2 years ago. I'm the main executor and have been doing all the work myself. What I found is that it is all pretty straightforward, if at times a bit intricate. Most organisations' bereavement department are efficient and helpful. The Probate and IHT forms and instructions on the web are straightforward enough to get hold of. The IHT clearance came through quickly, as did the probate. Make sure you have several copies of the death cert and grant of probate, a working printer, lots of big envelopes and a local post office who can sort you out with "1st class signed for".
I managed to "call in" all the investments and savings by July and the house sold in September so pretty quick considering what's going on in the world.

My OH has been through this twice in the last 5 years with her folks.

Recent changes to both the systems and Probate office seem to have meant it takes twice as long and cost twice as much for equivalent probates (both her folks had their own houses that needed selling, investments etc).

No way would I attempt to DIY it, unless no property and/or low value estate (we did DIY my Dad, and no issues).

If the estate value is below the IHT threshold and there is no evidence of tax planning, then the process is easy and can be done by most people who can read and write - the IHT205 journey.
If there's tax planning or the value is greater than the threshold then you end up in a PDF form hell and you need to be more organised, or use an agent.

Good luck.