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applying for probate

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cyd123 | 12:30 Tue 24th Mar 2009 | Law
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How do I go about applying for probate for may late husband, we had a joint account and to draw the money out (over 10k) I need to apply for Probate. - I have heard it is easy - I really don't want to pay a Solicitor
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Joint assets they should just transfer to the sole survivor on production of a death cert. You do not need probate for this but you will do if he had assets in his sole name

Anyway applying for probate is reasonably easy but the IHT form you have to fill in for this is quite dauting if you have never seen one before. With a little common sense and it is easy, think N/A (not applicable) to most items

Look for your local probate office's website and there should be guidelines/advice there
Use 192.com and search for PROBATE REGISTRY with your county as the location. This will give you the number of your nearest office. They are very helpful and will send you all the documents you need to complete. It is not a task that needs a great deal of legal knowledge so read the forms carefully and you will probably find you can do it all yourself. If you do need to consult a solicitor try to find one who will charge you only on the basis of time spent on the job and not on a percentage of the estate as that could be very expensive.
You only apply for 'probate' if your husband left a will. Otherwise you apply for 'letters of administration'. However, it might not be necessary to apply for any form of grant of representation. See here:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/grants.htm

Unlike some other arms of HM Courts Service, probate registry staff always seem to be incredibly helpful. You can find your local office here:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/registries.htm

Alternatively, there's a helpline available (at local call rates) from 0900 to 1700, Mon to Fri:
0845 30 20 900

Chris
Given that it was a joint account (and I am assuming that was the only asset), I would write to the bank with an original death certificate and advise them that as you inherit the asset by survivorship, would they distribute to you on receipt of an indemnity from you.
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