hi, i understand if an estate is under £5k you do not need a grant of representation. Is the £5K gross or net of funeral expenses?
situation is the deceased person had £5035 in their bank account nd no possessions to speak of. Do i need GOR?
It is gross. But if you ask the bank nicely they should do it on the basis on an indemnity. It is widely accepted there is a discretion up to £15k (although I don't think you fin this written down anywhere). Am on my stupid phone so I can't Google administration of estates (small payments) act 1965.
As a retired Bank Manager's point of view, yes an an Estate up to £5000 would be released after signing of an Indemnity. This is to protect them should another party turn up claiming a right to the funds. I would certainly not have quibbled over £35.
However if you have any doubts, take the Funeral Bill into the Bank and ask them to pay it from the account, which they should do. You will then have reduced the Estate below £5k.
If the estate is insolvent a creditor should apply for an order under the administration of insolvent estates of deceased persons 1986 (I think). I personally would not touch an insolvent estate with a bargepole.
in all honesty, it's difficult to work out how insolvent it'll be until everything settles down, By then, the funeral will have been paid for , which will use up most if not all of that money anyway :(