What next? Do we need Probate?

[DamoUK]

My partner's father died last year. His wife pre-deceased him. We found a will which we have been advised by a solicitor is invalid because it left everything to his wife, but that was from before they were married and he is therefore intestate. My partner is his only living relative and therefore sole beneficiary.

He rented and did not own any land or property. He had some savings, furniture, a vehicle, etc all of which we've managed to sell and collect the monies for, so financially there's nothing left to do. The total value after the few small outstanding debts is around £70,000 so well below the IHT threshold (the debts only amounted to a few hundred pounds for outstanding water bills and council tax, nothing significant).

We've done an exempt estate notification with HMRC but heard nothing back (after over 6 months), we've also placed the notice in the Gazette and had no contacts after the required 2 months + 1 day.

So we *think* we have done all the necessary and *think* we don't need letters of administration. Are we missing something?

Compared to another estate I'm executor for this one seems far too easy.

[Sam101]

You should have letters of administration and it seems a long time. Have you tried calling the Probate office to se what is holding matters up.

From what you have said you have done an excellent job so far and there should be no difficulties, but just to be on the safe side, chase up the Probate office.

[des8]

IMO you don't need probate.
In a cash only estate (ie no real property) probate is generally only required if there are substantial assets held by a finance house who won't release them without a grant
The banks have their own limits which vary between £5,000 and £50,000

[DamoUK]

IMO you don't need probate.
In a cash only estate (ie no real property) probate is generally only required if there are substantial assets held by a finance house who won't release them without a grant
The banks have their own limits which vary between £5,000 and £50,000

Thanks. This is what we assumed as everything was sorted, but didn't;t know if probate was required for any other legal reason than just releasing assets. We have closed all accounts, sold all of the possesions and no one has asked for probate. I presume there is no other legal paperwork required, and that the money is now my partners to do what she wants with, without needing to document anything?

[des8]

I would say there is no more to do.
My wife settled a £35,000 estate a few years back without a grant and there have been no problems