Probate

[rosiew]

Hi Answebankers
We recently lost our lovely mum, although she made a will it still has to go into probate. We are not allowed to start clearing her house and we have been told that it will cost money for someone to sort all this out. I thought that if a person made a will it makes everything run smoothly. Can anyone advise please.

[andy-hughes]

You should contact a solicitor for advice - a lot will offer an initial consultation without a fee, so start there, and see what they say.

[Buenchico]

There should be no need to employ a solicitor to obtain probate. The process is very simple and, in my own experience, the Probate Registry staff are very helpful. You can even do the whole thing online these days:
https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

[Canary42]

Having done it myself in similar circumstance, I can assure you it's NOT difficult (but it can be a bit daunting until you get into it), and as Chris says, the Probate Helpline can be very helpful. If you understand the terms of the Will, and follow them diligently then the process should be trouble-free (I presume you have been named as the Executor).

[AKMild]

RosieW, sorry for your loss. A will provides some certainty as to the deceased's wishes, but although I hope that means the estate is smooth to administer, sometimes other factors come into play and complicate matters. Unless you are aware that your late mother's estate was very straightforward, if I were in your shoes I would be consulting a solicitor. Yes, it costs money, but it can relieve you of alot of administrative stress. The reason you may have been cautioned against clearing the house is that some things may be subject to particular bequests, and until probate is granted such bequests cannot be made.

[Barmaid]

I agree with buen and canary.

Plus it's nonsense that you can't start clearing the house.

[gness]

Please don’t be pushed in to having a solicitor do this for you. You will be paying for them to ask you for the information they need.
I did it myself when MrG died and it really is very simple to do.

[Barmaid]

AKMild. Of course bequests (particularly personal items) can be made without probate.

An executor' s authority comes from the will rather than the issue of the Grant (It's different for adninistrators).

[ladybirder]

I've done it twice myself with no problems and if you have a problem, as others have said the Probate Office is very helpful. Plus there's a lot of good advice on line.

[hereIam]

Agree with Barmaid at 17:10. I don't remember having any problems with Probate when my brother and I had to sort out Mum and Dad's house, and I already knew what Mum wanted to pass on to a dear friend of hers and I just handed the things to her, didn't have to wait for Probate at all. I also cleared out a lot of personal stuff before Probate as I just wanted it done as it was so painful and I had to get it out of the way. Very sorry for your loss rosie x

[woofgang]

Under some circumstances, you have to start clearing out before you receive probate. Council and housing association properties don’t allow long.

[Peter Pedant]

I am very sorry to hear that your mum has died - clearly a difficullt time ahead for the next year or so

// You should contact a solicitor for advice// no you shouldnt. Some free advice is bad advice.
you should follow Buenchicos advice - he spent a lifetime writing wills.

the only time you must use a solicitor is when the will says so
so you will have to read it
someone in the family take charge OR one of the executors

it is straight forward
we did it 20 y ago for my mother - half a mill

Barmaid has added her bit - she does this full time in court

good I am glad people have said to clear the house

very sorry to hear this
repost with any problems

[Jazzdave]

The will is the authority for the executor to carry out essential things like clearing the house. You can start right away, but if there is any possibility of it being challenged, proceed with caution. Probate is required if there is a house to sell, shares to sell or money to collect. (Some banks etc will release funds if there is less that £25k in the account). Get a free 20 minutes from a helpful solicitor. If the assets are straightforward, you can apply for Probate without a solicitor. the .gov.uk website has a lot of useful information.

[rosiew]

Thank you to every one for your answers and condolences. Its a horrible time especially today as we will be saying our last fare wells. xx

[woofgang]

I hope today went as well as it could

[rosiew]

Woofgang. Thank you. The room was absolutely jam packed. It was a lovely service although I kept my eyes firmly on the floor the whole time. The vicar was out of this world. Sad times xx