ChatterBank1 min ago
inheritance
5 Answers
My dad has left a straightforward will I am the executor. He has left us four girls money and a house.
Do i have to go to court?
Do i have to go to court?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.You don't have to go to court, as such, but you have to file the will for probate, to prove that it is legitimate. It is quite a straighforward process, but you will need to estimate the value of the property before you go, in case it goes above the inheritance tax level. If there is a house to be sold, you would need to get an estate agent to value it for probate, which would usually be lower than the market value. You would need to collect together details of bank accounts, life insurance and things like that, but I can't remember all the details. If you Google "Wills and Probate", you should find some helpful web sites. It's a few years since I did this, but it wasn't too difficult to do.
You may be interviewed, and if it is simple, it shouldn't take too long to authorise the will.
Good luck!
You may be interviewed, and if it is simple, it shouldn't take too long to authorise the will.
Good luck!
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/applications.htm
Just found this for you. Try this link - it gives you information about dealing with probate. I hope it helps.
Just found this for you. Try this link - it gives you information about dealing with probate. I hope it helps.
Ignore Tamborine's post because Probate Courts are completely separate to Magistrates Courts.
Iolanthe has provided the relevant link. You have to apply for probate. (Without it you're not entitled to touch your father's estate). Most people use a solicitor to obtain probate but it's completely unnecessary to do so. As long as you're confident with a bit of form-filling (and possibly a bit of 'detective work', such as tracking down details of your father's pensions and tax payments) it's an incredibly simple process.
When my father died I sought probate as the executor (and sole beneficiary) of his estate. I found that the staff at the local Probate Office were really helpful. Just call in (or phone them) to get hold of the relevant paperwork. Once you've got everything filled in you'll have to visit their office to swear an oath (or, if you're an atheist like me, to 'affirm') that the information is correct. That legal procedure is the only really 'formal' bit and it's actually incredibly relaxed.
When you're granted probate you'll be asked how many official copies of the grant you require. (There's a small fee for each copy). You'll need one copy for each organisation that you'll deal with. (e.g. you'll need one copy for each bank or building society that your father had an account with. You might need a copy to release any funds held by a private pension provider. You'll need a further copy to reclaim any overpayment of tax. Yet another copy will be needed by the solicitor, or conveyancer, handling the sale of your father's house). It's far better to pay for one or two unnecessary copies rather than to find that you've not got enough.
Chris
Iolanthe has provided the relevant link. You have to apply for probate. (Without it you're not entitled to touch your father's estate). Most people use a solicitor to obtain probate but it's completely unnecessary to do so. As long as you're confident with a bit of form-filling (and possibly a bit of 'detective work', such as tracking down details of your father's pensions and tax payments) it's an incredibly simple process.
When my father died I sought probate as the executor (and sole beneficiary) of his estate. I found that the staff at the local Probate Office were really helpful. Just call in (or phone them) to get hold of the relevant paperwork. Once you've got everything filled in you'll have to visit their office to swear an oath (or, if you're an atheist like me, to 'affirm') that the information is correct. That legal procedure is the only really 'formal' bit and it's actually incredibly relaxed.
When you're granted probate you'll be asked how many official copies of the grant you require. (There's a small fee for each copy). You'll need one copy for each organisation that you'll deal with. (e.g. you'll need one copy for each bank or building society that your father had an account with. You might need a copy to release any funds held by a private pension provider. You'll need a further copy to reclaim any overpayment of tax. Yet another copy will be needed by the solicitor, or conveyancer, handling the sale of your father's house). It's far better to pay for one or two unnecessary copies rather than to find that you've not got enough.
Chris