Probate

[hornbygirl]

My mum has just died and my sister and I are joint exectors do I need probate?
There is a will

[woofgang]

you need to go through some kind of official process to get permission to administer the will.

https://www.gov.uk/wills-probate-inheritance

[Peter Pedant]

I am sorry for you loss H

well no if there are no assets to distribute
and special rules if the assets are 'small' less than 5k I think

otherwise yes

woof has given a good site
otherwise goggle duties of an executor .....

[hornbygirl]

Thanks for advice will do some googling . Tomorrow

[sunny-dave]

https://www.gov.uk/wills-probate-inheritance/overview

[angst]

Dear hornbygirl,

I am sorry for your loss. I am an English solicitor and can help you with some basic information. This is not a scam and there is no charge nor am I looking for anything. I came on here to find some help with a crossword and your message was at the top of the page - you can email me at [email protected] if you want some help.

Generally, where there is a valid will, you need probate unless all assets are to pass under joint tenancies - which I very much doubt. Unless the estate is very small (under GBP5,000) you will need to obtain Estate Duty Clearance from HMRC probably using the IHT400 and 430 forms (but you may get away with the simpler form IHT205 (or even the IHTC5 if there are less than GBP36,000 of assets) depending on the circumstances).

You will also need to prepare form PA1 for the application for probate to your nearest Probate Registry. Once HMRC agrees the inheritance tax payable, if any, probate will then be granted and the assets distributed. This process can take months and all assets will be frozen until the grant although you can use up to cc. GBP2,000 for funeral expenses, I believe. I have just handled a few probate cases in England and here in Hong Kong and will gladly give you some pointers if you need them.

I hope this helps.