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Probate


bluestar83
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Hi AllCan anyone provide any help with probate? my father passed away about a year ago and its more complicated than I thought? can you take probate fees from the estate? and which form do you need to get probate? the estate is around 12k with debts of 14k, how should it be divided? I also have very little financial info as we had nt spoken for quite some time and he didnt marry his longterm partner so a tad complicated!Any help appreciated!!

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By "the estate is around 12k with debts of 14k" do you mean the Estate is insolvent? In which case I wouldn't have thought the question of how it is divided arises, or do you mean which debts do you pay first?

 

It's legally a complicated area but these 2 links outline how Insolvent Estates are dealt with. Note that even if there was a Will it appears the Will is ignored if the Estate is Insolvent. If you do a search for 'Insolvent estates UK' there are lots of sites with advice.

 

http://www.hmrc.gov.uk/manuals/insmanual/ins1703.htm

 

http://www.seatons.co.uk/legal-services/probate-estates/insolvent-estates/

 

Why not instruct a solicitor to deal with it? With small estates you'd normally want to minimise administration expenses but in this case the Estate is insolvent so the beneficiaries in the Will won't be getting a penny anyway. The costs of a solicitor will simply reduce the amount creditors receive. Why risk ending up with a personal liability because you applied bankruptcy law wrongly?

Edited by Ethel Street
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