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Probate and solicitor possibly dragging their heals.

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  • sloughflint
    sloughflint Posts: 2,345 Forumite
    sdooley wrote: »
    they may be waiting for statutory notices to creditors (in the newspapers) to expire.
    I did wonder this, but 5 months?

    I posted the above the other day but have read the following which made me think of this thread:
    So why does it take so long to wind up someone's Estate?
    What has to be understood is that when someone dies, a line has to be drawn under their affairs for good. Before the Estate can be wound up, it is essential that all assets are claimed and all liabilities are discharged. Now, with regard to liabilities, these may not be just what was owed at the time of death; there may also be claims against the Estate.
    In law, a claim can be made in respect of a debt or inheritance claim (that's too involved to explain here) for up to 6 months after the date of the GRANT! Not the date of death, the date of the Grant. So it will typically take 2-3 months to collect the necessary information in order to apply for the Grant.
    Once the relevant affidavits are sworn and the papers lodged with the Court, the Grant can take up to 4 weeks to be issued. Then the six month clock starts running. See? We're up to 9-10 months already! This is why an Executor has 1 year from the date of death before anyone can say that he is "dragging his feet", so to speak. So if you are a beneficiary under a Will, don't think it is taking a long time just because 3 months has passed. Have patience.
    http://www.fool.co.uk/Your-Money/guides/What-Probate-Means.aspx
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