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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11422
Experience:  30 years as a practising solicitor.
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My mother has died there is under 3000 after funeral expenses

Resolved Question:

my mother has died there is under 3000 after funeral expenses ,she owns her home but owes about 20000 on a mortgage what am I required to do next
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The estate has to be wound up. You have to get yourself appointed as executor if there is no will by petitioning the sheriff court. When the appointment is made you have to get a Bond of Caution, a type of insurance policy, to enable you to deal with the estate. You apply to the sheriff for Confirmation, the Scottish term for probate, by lodging an application form and inventory. The Certificate of a confirmation allows you to uplift the funds in the banks, sell the house, repay the mortgage and pay out to the beneficiaries.
A solicitor will normally be required to do all of this on your behalf.
I hope this helps.
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