Whether Probate is needed or not?

[babyblackie]

As executor of an aunt's will I am getting mixed messages on whether I need to probate the will.
There is no home to sell.
The assets are 45K. Debts to come out of this.
The two solicitors she had vary in opinion. One says assets are minimal so not needed. Other says perhaps should be done.

Should I begin this process?

 

[PMU]

The Courts Service web site says:
Is a grant always necessary?
No:

1. If a person dies leaving small amounts of money in a bank, building society etc in his/her own name, that financial institution may agree to release the funds without the necessity for a grant. The financial institution’s decision is final.
   
   
2. If a person dies leaving assets which were held by him/her jointly with another or other persons, those assets as a general rule become the sole property of the survivor/s on the death of the deceased. In cases of doubt, the intention of the deceased at the time the joint account was created is relevant.
   
   
3. If a person dies and leaves no assets, there is generally no need to extract a grant. However, where a grant becomes necessary in such circumstances you must contact the Probate Officer in advance of such application.

[broken link removed].

 

[elcato]

If the 45k is disposable it should be OK but if it's in a bank account then perhaps you need to ask them would they be willing to release.