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Probate application?? but assets = £0, Will they still grant it ?

dellab49dellab49 Posts: 295
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in Advice #1
To cut a long story short, probate forms needed so that the child (who is above 21 years old)

can apply for 'medical records' for the deceased party (Their late parent)

so to get access to the records, letters of administration , and checking the probate forms,

if the amount of total assets = £0, then will that prevent the probate office issuing the forms?


or doesn't it matter if there are assets worth £0, the letters of admin will still be processed (given the forms are correctly filled in), and probate made fine.



so to apply and 'get' a probate, is it a necessity to have assets? or even if there are £0 assets, it can still be applied for, and granted ?


(and the probate is needed, to get access to medical records)

Comments

  • Keefy-boyKeefy-boy Posts: 13,608
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    #2
    Where did you get the information that probate would be required? If it was not legally required due to the small size of the estate it surely has no relevance.

    According to this NHS website

    http://www.nhs.uk/chq/Pages/access-to-medical-or-health-records-of-someone-who-has-died.aspx


    If you want to view the health records of a deceased person, under the Access to Health Records Act (1990) you can apply in writing to the record holder.
    Under the terms of the Access to Health Records Act (1990), you will only be able to access the deceased’s health records if you are either:
    a personal representative
    an executor
    or someone who has a claim resulting from the death (this could be a relative or another person)

    There is no mention anywhere on that page that probate is required. To be a 'personal representative' probate should not be necessary.

    Regardless of that how can anyone have zero assets? If they had 20p in their pocket their estate had a value.
  • gemma-the-huskygemma-the-husky Posts: 18,116
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    #3
    With regard to the last, unless they were naked, they had clothes.

    Out of interest, if there was a will you get probate. If no will, it's called something else.
  • killjoykilljoy Posts: 7,918
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    #4
    They could have zero assets if the value of their property was less than their debts (debts die with the deceased and are not passed on.)
  • jsmith99jsmith99 Posts: 20,382
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    #5
    It would help if the OP gave their location : it could make a difference.
  • glasshalffullglasshalffull Posts: 22,291
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    #6
    Who requires a "grant of probate" before they will act/release money/documents is pretty much a lottery.

    When my father died a private sector organisation released significant monies on sight of the will, by me attending in person with the death certificate and providing suitable ID.

    OTOH a govt body required a grant of probate before releasing less than half that amount of money...you might say they were just being very careful...my suspicion is it's more about one arm of government generating income for the Treasury.
  • swingalegswingaleg Posts: 103,083
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    #7
    When you apply for probate or letters of administration and assuming it's an estate which will not attract inheritance tax (which your one won't) you can just insert estimated values for any assets

    So you could always just stick £2000 in as personal effects or household goods

    that would ensure that a grant issued
  • grumpyscotgrumpyscot Posts: 11,353
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    #8
    Why a duplicate thread? http://forums.digitalspy.co.uk/showthread.php?t=2032336
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