not applying for probate

[nessa1]

If a person dies leaving a will and the executor doesn't choose to submit for probate, at what point do the authorities step in and demand to see a copy or declare the deceased as intestate?
I won't bore you with the whole saga, but my query relates to my father-in-law who died last year leaving mother-in-law as executor even though he knew she had suffered mental problems for years. Although we expect him to have left the house and cash to her (and have no problem with that) there were certain bits (tools and the like) that were promised to my husband and as he and his mum are estranged he knows she'll not voluntarily hand anything over (in fact would dispose of it).
We assumed that somebody would pursue her for the will which we could eventually get a copy of, but nothing I can find suggests any time limits for submission, or indeed if anybody actually does ask to see it. Left to her own devices, she'd view the will as her business, and certainly not hand it over unless forced.

[Hopkirk]

Is it really worth the cost and upset to battle for a few bits?

[nessa1]

To be honest I cannot even begin to explain the upset it has already caused. Due to her "problems" nobody else in the family even know he's dead (not even his 80 year old sister), she didn't advise us when the funeral would be, so I had to call the crematorium near where they live to find out. We fortunately knew he wanted cremation, but had it been a burial, I would probably have had to resort to calling all the local funeral parlours. She decided his ashes will sit on her mantlepiece, so as things stand my husband has nowhere to go to remember his dad. They were on very good terms, and we believe that if he hadn't wanted my husband, and possibly his grandchildren to have something personal as a memento, he wouldn't have even bothered making a will, especially as she'd have been bleating on about the cost.
It isn't really about what we might get out of it, it is ensuring his instructions were carried out, and making sure she doesn't win.

[themas]

Ring the Probate Helpline:

http://www.hmcourts-s.../probate/helpline.htm

They may be able to give you some useful advice.

[dzug2]

It's unlikely that 'the authorities' will take the slightest interest unless money is owed to them.There could be problems transferring the assets though if nothing is done.

[icemaiden]

Hi Nessa1, having a similar situation to yours.
Certainly contact the Probate helpline as themas has said.

Unless it has been stated in the will that your husband inherits the tools then there isn't much you can do.

I understood that if the estate was over £5000 then she will need to apply for probate. If this is the case then you could do what I had to do as my stepmum has not come forward with a copy of my fathers will (I know I am mentioned) I have sent a cheque for £6.00 along with a form (PA1S) to the probate office in York in order for them to do a standing search. What this means is that when probate has been granted they will send out a copy of the will along with the grant of representation to me.

Here is the link.

http://www.justice.go...standing-searches.htm

If you wish to pursue her if she hasn't applied, and she should have, then I would say you would need a solicitors help.

Not a nice situation at all. Hope this helps you.