Doing Probate Yourself

[Jennykenny]

My husband died recently. Our wills were 'all to him, all to her' depending on who died first.
Do I have to go through Probate, and if so, what is the easiest way?
I don't want to have to pay a solicitor if I can avoid it. Most of my husband's pensions went with him.

[bednobs]

how much was his estate, do you think?

[woofgang]

You can do probate yourself, its fiddley but not difficult. You do have to go through some kind of formal process. Here are a couple of useful links.
https://www.gov.uk/wills-probate-inheritance

https://www.moneyadviceservice.org.uk/en/articles/sorting-out-someones-estate-where-to-start

[jourdain2]

You may as well do it yourself. After my Dad died the solicitor was supposed to sort things out. A year later my sister and I received a tax demand and all sorts of hassle - it turned out the solicitor had not applied for probate. I was somewhat annoyed and wrote to his head of Chambers and things then turned nasty... we had done all the bits like notifying banks, providing all details etc. He(solicitor) was a nasty piece of work who did his best to turn sister and self against each other - in order, we decided, to benefit from a legal dispute. We stuck together and won in the end.

Seriously, after that (and other experiences) I would do everything you can do yourself.

[Buenchico]

There are some circumstances when you don't need probate but the rule is "if in doubt, do it!". (Some organisations, such as banks, will accept a death certificate under certain circumstances but others might not. Obtaining a 'grant of representation', through probate can make things far, far simpler).

Obtaining probate is usually a doddle. It's all explained here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa002-eng.pdf

Here's the form you'll need to fill in:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001-eng.pdf
which is made easier by reading the guidance notes here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001a-eng.pdf

It will cost you £215 (plus a few multiples of 50p for additional copies of the grant - make sure that you get one for every organisation that might ask for one; it's best to order a few spare copies):
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa003-eng.pdf

You'll need to swear an oath (or if, like me, you're an atheist, 'affirm') at one of the venues listed here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa004-eng.pdf

If you've got any problems, my own experience is that the staff at probate registries are exceptionally helpful. There's also a helpline available on 0300 123 1072 (M-F, 0900-1700).

[tamborine]

1.Apply to local magistate court for probate application; forms & how to booklet.
2.Circulate death certs to banks etc to correlate asset value (to complete probate form). 3.Make appointment at Mag court (to swear Oath of last will etc).
4.Take a witness to Mag as extra signatory, can be a relative.

[gness]

Jenny...please do it yourself....it's not difficult....you will have to give the information to the solicitor anyway....who will then charge a lot to put that information onto the forms!

When I did it the solicitor had to write one letter....one simple letter..probate was refused because...although my forms were perfect..she had made a mistake in the letter.....
She was embarrassed enough to reduce the fee for that letter...☺

The forms are quite simple and easy to follow...x

[Jennykenny]

Thanks to everyone. Very helpful.

[Peter Pedant]

Jenny - - I am sorry to hear of your loss -

Yes you have to go thro probate - ( no if the estate is small like £5k - yeah five not five hundred ) and as BC [ he's my favourite ! ] says do it just in case.

b;imey people have queued up to say do it yourself.

doddle - agree with BC

I wouldnt dream of using a lawyer ( but I have had a bit of practice )

and I hope it goes smoothly for you at this difficult time