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1. There is an obvious advantage in taking out probate in that all claims against the estate disappear once the two year time limit for claims against the estate has expired. This is definitely an advantage as compared with doing nothing and simply relying upon the exemption for low value estates. So you and your aunt just need to ascertain whether there would b eany claims made against your father after his death or whether there are any current claims against his estate. Probate essentially winds up his affairs so far as the law is concerned. So there is an advantage to probate.
Does that mean that the two year time limit does not apply if we do not obtain probate?
There are certain debts to be paid - credit card and overpayment of state pension etc but we are not expecting any other claims. My aunt feels that obtaining probate would serve as a back up
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