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Probate Process Without Will
Summary
In England, if a person dies without a will, their estate is distributed according to intestacy rules. Probate is required for substantial estates, and you must apply for Letters of Administration. The process involves completing forms like PA1A and possibly an Inheritance Tax form. The bank must provide account information to the estates administrator. The probate application fee is £273 for estates over £5,000, with potential additional costs for professional assistance. Calculating the net estate value involves listing all assets and liabilities.Full Conversation
vicki
Hello Vicki,
How can I assist you with your legal issue today? Could you please provide some details about your situation?
How can I assist you with your legal issue today? Could you please provide some details about your situation?
Dad has died leaving a substantial amount of money in his bank accounts, mum is still alive but has dementia the bank said because if the amount in his accounts it won't go automatically to mum but will need to go top probate, is this correct?
Hello Vicki,
I'm sorry for your loss. Generally, in England, if the amount in the bank accounts is substantial, probate is required. This involves legally validating the will and distributing the estate.
- Probate is required for estates over a certain value.
- A grant of probate allows access to the deceased's accounts.
Do you know if a will exists?
I'm sorry for your loss. Generally, in England, if the amount in the bank accounts is substantial, probate is required. This involves legally validating the will and distributing the estate.
- Probate is required for estates over a certain value.
- A grant of probate allows access to the deceased's accounts.
Do you know if a will exists?
He didn't have a will
Vicki, thank you for the information. In England, if someone dies without a will (intestate), the estate is distributed according to the rules of intestacy. Given your situation, here are the next steps:
- Apply for Letters of Administration for the estate.
- The estate will be distributed according to intestacy rules, prioritizing the spouse.
Do you need guidance on applying for Letters of Administration?
- Apply for Letters of Administration for the estate.
- The estate will be distributed according to intestacy rules, prioritizing the spouse.
Do you need guidance on applying for Letters of Administration?
how much is it when probate is requiered?
Hello Vicki,
In England, the cost of applying for probate or Letters of Administration generally includes:
- A probate application fee of £* if the estate is valued over £*,*.
- Possible additional costs for professional help, such as solicitors' fees.
Would you like more information on how to apply for probate or Letters of Administration?
In England, the cost of applying for probate or Letters of Administration generally includes:
- A probate application fee of £* if the estate is valued over £*,*.
- Possible additional costs for professional help, such as solicitors' fees.
Would you like more information on how to apply for probate or Letters of Administration?
yes
Hello Vicki,
To apply for Letters of Administration in England, follow these steps:
- Complete the PA1A form if there's no will.
- Submit the Inheritance Tax form (if required).
- Send your application to the Probate Registry along with the death certificate and the application fee.
Would you need any assistance with completing these forms?
To apply for Letters of Administration in England, follow these steps:
- Complete the PA1A form if there's no will.
- Submit the Inheritance Tax form (if required).
- Send your application to the Probate Registry along with the death certificate and the application fee.
Would you need any assistance with completing these forms?
does the bank have to tell me how much is in the accounts?
Hello Vicki,
Yes, the bank is required to provide information about the balance in the accounts to the executor or administrator of the estate. You will need to present proof of your status, such as the Letters of Administration, to access this information.
Would you need any help in obtaining the Letters of Administration?
Yes, the bank is required to provide information about the balance in the accounts to the executor or administrator of the estate. You will need to present proof of your status, such as the Letters of Administration, to access this information.
Would you need any help in obtaining the Letters of Administration?
yes
Hello Vicki,
To obtain Letters of Administration, follow these steps:
- Complete the PA1A form if there's no will.
- Submit the appropriate Inheritance Tax form (if required).
- Send your application to the Probate Registry along with the death certificate and the application fee.
Would you need assistance with filling out the PA1A form?
To obtain Letters of Administration, follow these steps:
- Complete the PA1A form if there's no will.
- Submit the appropriate Inheritance Tax form (if required).
- Send your application to the Probate Registry along with the death certificate and the application fee.
Would you need assistance with filling out the PA1A form?
yes
Hello Vicki,
To assist you in filling out the PA1A form, here are the key sections you'll need to complete:
- **Section A**: Details about the deceased (name, date of death, etc.).
- **Section B**: Details about the applicant (your information).
- **Section C**: Information about the deceased’s family and any relatives.
- **Section D**: Details of the estate (assets, liabilities, etc.).
Would you like a step-by-step guide on any specific section?
To assist you in filling out the PA1A form, here are the key sections you'll need to complete:
- **Section A**: Details about the deceased (name, date of death, etc.).
- **Section B**: Details about the applicant (your information).
- **Section C**: Information about the deceased’s family and any relatives.
- **Section D**: Details of the estate (assets, liabilities, etc.).
Would you like a step-by-step guide on any specific section?
yes
Hello Vicki,
Let's start with **Section A** of the PA1A form:
- **Full name of the deceased**: Enter the full legal name of your dad.
- **Date and place of death**: Provide the date and location where your dad passed away.
- **Address of the deceased**: List his last known address.
- **Marital status**: State whether he was married, widowed, divorced, or single.
Would you like detailed guidance on another section of the form?
Let's start with **Section A** of the PA1A form:
- **Full name of the deceased**: Enter the full legal name of your dad.
- **Date and place of death**: Provide the date and location where your dad passed away.
- **Address of the deceased**: List his last known address.
- **Marital status**: State whether he was married, widowed, divorced, or single.
Would you like detailed guidance on another section of the form?
yes
Hello Vicki,
Next, let's go through **Section B** of the PA1A form:
- **Full name of the applicant**: Enter your full legal name.
- **Address of the applicant**: Provide your current address.
- **Contact details**: Include your phone number and email address.
- **Relationship to the deceased**: State your relationship to your dad (daughter).
Would you like detailed guidance on **Section C**?
Next, let's go through **Section B** of the PA1A form:
- **Full name of the applicant**: Enter your full legal name.
- **Address of the applicant**: Provide your current address.
- **Contact details**: Include your phone number and email address.
- **Relationship to the deceased**: State your relationship to your dad (daughter).
Would you like detailed guidance on **Section C**?
yes
Hello Vicki,
Let's move on to **Section C** of the PA1A form:
- **Details of the deceased’s family and any relatives**:
- **Spouse or civil partner**: Provide your mum's full name and address, and mention her condition (dementia).
- **Children**: List the names, addresses, and dates of birth of any children (including yourself).
- **Other relatives**: If applicable, list details of any other surviving relatives.
Would you like detailed guidance on **Section D**?
Let's move on to **Section C** of the PA1A form:
- **Details of the deceased’s family and any relatives**:
- **Spouse or civil partner**: Provide your mum's full name and address, and mention her condition (dementia).
- **Children**: List the names, addresses, and dates of birth of any children (including yourself).
- **Other relatives**: If applicable, list details of any other surviving relatives.
Would you like detailed guidance on **Section D**?
yes
Hello Vicki,
Let's go through **Section D** of the PA1A form:
- **Details of the estate**:
- **Assets**: List all assets, including bank accounts, property, and valuables.
- **Liabilities**: Include any debts or loans owed by your dad.
- **Net estate value**: Calculate the total value of assets minus liabilities.
Would you need assistance in calculating the net estate value or any other part of the form?
Let's go through **Section D** of the PA1A form:
- **Details of the estate**:
- **Assets**: List all assets, including bank accounts, property, and valuables.
- **Liabilities**: Include any debts or loans owed by your dad.
- **Net estate value**: Calculate the total value of assets minus liabilities.
Would you need assistance in calculating the net estate value or any other part of the form?
yes
Hello Vicki,
To calculate the net estate value in **Section D** of the PA1A form:
- **Total Assets**:
- Include the value of all bank accounts, property, investments, and any other valuables.
- **Total Liabilities**:
- Include any debts, loans, mortgages, and other financial obligations.
- **Net Estate Value**:
- Subtract the total liabilities from the total assets.
Would you need help with specific assets or liabilities?
To calculate the net estate value in **Section D** of the PA1A form:
- **Total Assets**:
- Include the value of all bank accounts, property, investments, and any other valuables.
- **Total Liabilities**:
- Include any debts, loans, mortgages, and other financial obligations.
- **Net Estate Value**:
- Subtract the total liabilities from the total assets.
Would you need help with specific assets or liabilities?
yes
Hello Vicki,
To assist you with specific assets or liabilities, please provide:
- A list of the assets (e.g., bank account balances, property value, investments).
- Details of any liabilities (e.g., outstanding debts, loans, mortgages).
This will help in accurately calculating the net estate value.
To assist you with specific assets or liabilities, please provide:
- A list of the assets (e.g., bank account balances, property value, investments).
- Details of any liabilities (e.g., outstanding debts, loans, mortgages).
This will help in accurately calculating the net estate value.
dad has died does his money in his bank accounts go directly to mums accounts?
Hello Vicki,
In England, if someone dies without a will, the estate is distributed according to the rules of intestacy. Since your dad didn't have a will:
- **Probate is required** for estates over a certain value.
- The money in your dad's accounts won't automatically go to your mum.
- **Apply for Letters of Administration** to manage and distribute the estate.
Would you like guidance on applying for Letters of Administration?
In England, if someone dies without a will, the estate is distributed according to the rules of intestacy. Since your dad didn't have a will:
- **Probate is required** for estates over a certain value.
- The money in your dad's accounts won't automatically go to your mum.
- **Apply for Letters of Administration** to manage and distribute the estate.
Would you like guidance on applying for Letters of Administration?
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