Probate - is it necessary

[beara]

Hi
My mother-in-law has recently engaged the services of a local solicior to do probate. Her husband died four years ago.
She's only doing it in order to avail of a payment from the lcoal council for CPO for part of her property. This payment amounts to 3k. She received a quote from her solicitor for 4.5k plus VAT. The solicitor has already started the process.
My question is - does she have to do probate now? ie is it a legal requirement.
Can she just not bother.
Any help would be greatly appreciated.
Thanks
B

 

[putsch]

The Council will only pay if your mother has title - if the property is in husband's name she needs probate to transfer title to her name.

She (or one of her children) can apply personally to the Probate Office for Probate personally - you will need a solicitor for transfer of title after probate - there will be much lower fees but still could add up to c.1.5K by the time all is taken into account - valutions, probate office,land registry, solicitor fee on assent......... .

Another route would be to discuss the lack of title with the C. Council and ask them to cover legal cost of Probate.