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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my husband died and the house was in his name only,the got

Customer Question

my husband died and the house was in his name only,the got repossessed and has now been sold, I have received a letter from a solicitor who dealt with the house for the mortgage society saying that it was a surplus case and therefor the surplus monies may well be payable to me as I'm the deceased wife and I need to get grant of probate or administrator letters to recieve any surplus monies my husband and I had separated but we're still in close contact and I registered his death and I arranged and paid for his funeral for which I have the receipt for so do I have to get to get probate or administration papers because we were still married at the time of his death
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
If your husband left a Will, it is up to his Executor(s) to obtain Probate, and the monies would then be paid to the Executor to distribute in accordance with his Will.
If your husband did not leave a Will, you are still classed as his legal next of kin, and if so, you would need to apply to the local Probate Registry for Letters of Administation.
Probate and Letters of Admin applications can either be made directly to your local Probate Registry, or you could ask a local Wills Solicitor to do the paperwork on your behalf 9likely cost would be £250-300 plus VAT plus the Probate fee).
I hope this assists.
Can I help any further?
Kind Regards
AL