Probate

[tom191]

Does anyone know the obligations of the Executor/whoever is completing Probate...aren't they obliged to take reasonable care in such preparation....what can I do if they have not?

[lawboy65]

When somebody dies, the executor named in their will ultimately has to ensure that the deceased's estate is properly wound up and their wishes in their will are carried out.
There are many legal responsibilities associated with being an executor, including potentially:
registering the death, arranging the funeral, valuing the estate, paying any inheritance tax, applying for probate ,sorting the deceased's finances, placing a deceased estates notice, distributing the estate, keeping estate accounts
Applying for a grant of probate as an executor you will need *original will, have the original death certificate or an interim death certificate from the coroner,* you should have already reported the estate's value to HMRC unless the value of the estate is below the tax threshold
The probate application fee is £215 if the value of the estate is £5,000 or over. There's no fee if the estate is under £5,000. It is important for executors to obtain several court-stamped copies of the probate to enable them to deal with the asset holders, and these extra copies of the probate cost £1.50 each. Please note: these fees may rise in future.
If an executor isn’t performing their duties correctly, in the first instance it is sensible to write a letter to the executor stating your concerns and requesting an account of the administration of the estate.
If the response is not satisfactory, and you think that you have evidence of serious misbehaviour, you may make an application to the court to remove and substitute the executor. Such an application is made under Civil Procedure Rules 57.13.
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