What do we do now?

[Pecan]

Hi, we would appreciate any input on the following pls.

No will, no property, car or investments, three siblings. No other family. Scotland. Estate value approx £53k all cash, spread over 3 banks. All 3 banks have paid out to one sibling as next of kin. What if anything do we (siblings) have to do legally prior to equal distribution pls?

We feel that as the estate is very simple a solicitor perhaps isn't required?

Thanks

[Pecan]

Sorry, forgot to mention no debts either.

[Sam101]

This will clarify for you
https://www.thegazette.co.uk/all-not...whole%20estate.

[Pecan]

Thanks Sam.
We are aware of the intestacy rules however we are unsure if we (one of us) needs to be formally appointed executor by a court or can we just distribute after 6 months?

[Sam101]

Not sure of rules in Scotland, but in the UK we have to apply for 'Letters of Administration' where there is no Will. That is done through the Probate office. Hope that helps, but if not your local authority should be able to help

[sederunt]

Thanks Sam.
We are aware of the intestacy rules however we are unsure if we (one of us) needs to be formally appointed executor by a court or can we just distribute after 6 months?

There seems to be no obvious reason why you would need to apply to be appointed executor, and nothing for a solicitor to do. 6 months is the timescale in Scotland to allow for creditors to intimate a claim.

[Pecan]

There seems to be no obvious reason why you would need to apply to be appointed executor, and nothing for a solicitor to do. 6 months is the timescale in Scotland to allow for creditors to intimate a claim.

Thank you. We just don't want to unwittingly ignore any legal requirements that later come back to cause an issue. Nor do we wish to incur solicitor fees if unnecessary.
Was wondering if we needed Confirmation (probate) as his estate - whilst simple - is over the small estates limit of £36k.

HMRC have already written acknowledging death notification and saying that they will check tax situation and get back to us within 8 weeks. In reality I suspect that might take longer but no reason to think that he owes any tax.
We would of course wait the full six months anyway and even then would check again with HMRC if they haven't got back to us by then.

[sederunt]

The small estate threshold only determines what rules apply with regard to the grant of Confirmation process, it has no influence on the need for Confirmation.

Had there been a need for Confirmation then there would first be a need for an executor dative appointment (along with some associated punitive conditions). But in this case, on the basis of what you describe, you do not need Confirmation.

[Pecan]

The small estate threshold only determines what rules apply with regard to the grant of Confirmation process, it has no influence on the need for Confirmation.

Had there been a need for Confirmation then there would first be a need for an executor dative appointment (along with some associated punitive conditions). But in this case, on the basis of what you describe, you do not need Confirmation.

Thank you for your assistance, much appreciated.