probate

[kopend]

my father passed away on monday

he did make a will out

however my brother has heard some things will still have to go to probate

unless we pay a "fee" could this be correct

not got much more details - sorry

but we are going to see them later

but just wanted a bit on feedback before we turn up

p.s dont want to sound like were money grabbers - its not like that

but on the other hand dont want to be scammed when he had done everthing right for us

[bednobs]

whether a will goes to probate or not depends on the estate amount (i think - don't quote me:))

[Graham-W]

Even if there is a will, the executors have to apply to the court for a "grant of probate" before they can start executing the will.
http://www.direct.gov...eparation/DG_10029799
The executors can do this themselves or a solicitor will charge a fee to help them do it.

[bednobs]

that link ays as i suspected. if the estate is under £5k, no need for probate

[buildersmate]

The probate fee is currently £90 plus £1 for each copy of the grant you want.

If this is the fee you mean, it is unavoidable (unless the estate is valued at less than £5k - see above). It is not a fee to an advisor but a Government-set fee by the Probate Service.

[dzug2]

Some organisations that owe money, etc, to the estate, will insist on an indemnity fee being paid to them if the estate, even if small, doesn't go to porobate. Typically share registrars

Who are the executors?

[kopend]

me and my brother are the executors

[tonywiltshire]

If the will is simple and straightforward you should be able to deal with it yourselves, probate is not required under £5K, but if the will includes some insurance policies, stocks and shares or property and land, probate will probably be required and some organisations may demand grant of probate which has the effect of making the will a legal document.
There are costs involved if probate is required if you intend to use a solicitor, obtain prices from several.

[factor-fiction]

Any probate fee is paid from the estate rather than by you and your brother

[kopend]

thanks for all your replies - very helpful

we went to the solictors yesterday

and they said we can do it ourselves

or they can do it

for smowhere between £500 - £1000

this is to fill in the form

and send somthing to the court on our behalf

its mainly to do with the house

as its now going to be split 3 ways


1/4 to me 1/4 to my brother and 1/2 to mum

if we go to court ourselves the solicitor said the court would charge us £150.00 appx

[buildersmate]

Technically I suppose the solicitor is right in that the probate registry is part of the family division of the High Court. But a probate registry looks like any other civil service office, so don't feel intimidated.
The £150 fee referred is an OTT estimate - I told you exactly what the fee is above - £90. Its fixed.

I suppose it depends if you fancy doing the work / booking an appointment at the probate registry yourself - for the fee quoted the solicitor is going to spend between half and one day's work on this. These folk charge about £100 per hour for their time.

More info here. http://www.justice.go...rts/probate/index.htm

[Peter Pedant]

it is straightforward to do it yourself