Probate Solicitors Appointed as Executors of Estate after Death

Author:
Nadia Rimmer
Solicitor, Advocate
Date:
26/01/2021

A Probate Case Study – Client Situation

Mrs H got in touch with our Probate Solicitors after her mother sadly passed away. Her mother had already made a Will with us before she died and had appointed us Executors. As she only had one daughter, she had chosen to leave everything to her as the sole Beneficiary.

How We Helped

After Mrs H got in touch with us, Probate Solicitor Nadia retrieved her mother’s Will from our safe storage. We kept in regular contact with Mrs H, who talked us through the Estate assets and liabilities (debts owed).

Once we got a copy of the death certificate, Nadia started to notify the relevant organisations about the death, such as HM Revenue and Customs, insurance providers and utility companies.

As Mrs H wanted to sell her mother’s property, we had to obtain office copies for the property and track down where the property deeds were being stored. After notifying all the third parties, we had to wait to hear back about any final balances and any outstanding liabilities.

In total, her mother had £20,000 in savings, £56,000 in insurance policies and her property was worth £90,000. After we’d gotten the totals, we could settle the funeral expenses which cost £3,400.

We then notified the local council about the property so we could settle any outstanding Council Tax and home insurance. As the home insurance couldn’t be transferred to us as the Executors, we had to get unoccupied home insurance so we could deal with it.

Once the organisations had confirmed all the balances we could start drafting the probate application. To apply for the Grant of Probate, we had to sign a Statement of Truth and prepare the Inheritance Tax form. But as the Estate was under the threshold, there was no Inheritance Tax to pay.

Even though we began the Probate application with paper forms, because of the recent change in Probate applications (which moved all applications online due to the Coronavirus pandemic), we submitted the application through the Probate Registry portal.

We did face one query from the Probate Registry who asked for the document to be signed by a legal representative. Thankfully, Nadia was able to address this on the same day and sign the documents.

The Outcome

It took about 16 weeks from the Probate application for us to get the Grant of Probate due to the query being raised. Once we received the Grant, Nadia could go ahead with closing the bank accounts and the sale of the property could also be completed.

Once all the outstanding balances had been paid, the remaining inheritance could then be distributed to Mrs H as the sole beneficiary. We also sent Mrs H her mother’s original death certificate and a copy of the Grant of Probate for her to hold on to. 

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