Wills and probate - how long to sort things out after death

andygb

Fire_Fox wrote: »

Woah, no need to make a complaint at this stage! Who are the executors, are the solicitors or ONLY the beneficiary brother? You can easily appoint someone else if the brother is the sole executor, cannot easily if the solicitors were appointed by the deceased. One probate is not like another.

Who said anything about a complaint? Merely wishing to get some information.
Do you mind me asking you if you are a solicitor?

andygb

Fire_Fox wrote: »

It would take a lot longer if there is property to be sold for example.

If there is a property in the will, and a sole beneficiary, then why would the property need to be sold?

maman

From the little you've told us, the estate sounds straightforward. As another poster said, as I found when I was executor for my mother's estate, it's no more difficult than a tax return and it's sorted quite quickly. The sale of the property obviously goes into the equation bit IIRC doesn't necessarily hold up probate being granted.

Like anything, if you involve a solicitor it will cost you.

If the executor lacks confidence/skills/time/inclination to do it themselves then I suppose they're right to employ a solicitor it's just that all beneficiaries will lose out proportionately but that includes the executor too!

bazster

Fire_Fox wrote: »

It would take a lot longer if there is property to be sold for example.

No it wouldn't, and there is a property. The question was about getting probate, not about executing the will. The executors need a grant of probate before they can sell the property.

The only difference a property makes to applying and getting probate is that it needs to be valued (easy, get a couple of estate agents round) and the value included on the inheritance tax forms.

bazster

nottslass wrote: »

Paid a solicitor to handle it rather than doing it ourselves and its taken just over 6 weeks- I've heard it can take months to do it yourself.

There is no reason whatsoever why it should take any longer to do it yourself. All the solicitor does is fill in a few forms which anyone with half a brain could do.

bazster

Hermia wrote: »

That is a very good price BTW. I know a few people who have been quoted a fee that is a % of the estate. Even if the person only owned a small house that really does add up.

£550 for an hour's form-filling? Less of a rip-off than some maybe, but still a rip-off.

bazster

andygb wrote: »

Thanks for that information. All I have been told is that there are a few letters from the solicitors, and the costs are mounting up. I have no experience of wills/probate, and have no interest in this will (I did not know the person well, or keep in contact with them).
The person concerned lived on a site in a parkhome, and appointed her brother as the only recipient and as executor.
He is concerned about the costs and why the process should take so long.
I have advised him that if he is in doubt about the solicitors firm, then he should contact the Law Society/Solicitors Regulation Authority.
I have also recommended that in any case, he should see the citizen's advice bureau.
I do not stand to benefit from this, but I am concerned that this person is going to get the run around from people who may drag their heels if they are given the chance.
I was able to advise him on a house purchase years ago, but this is way out of my comfort zone.

Just tell him to read the forms and leaflets here. He will then understand how little the solicitors actually need to do, and how easy it is to do it yourself and get it all wrapped up in a few weeks.

http://hmctsformfinder.direct.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=740

bazster

andygb wrote: »

If there is a property in the will, and a sole beneficiary, then why would the property need to be sold?

And even if it does need to be sold, it makes very little difference to the probate application.

demented_weasel

But property needs to be valued as at the date of death, so it would be better to use a chartered surveyor to value it and write a report that will be submitted with the IHT returns.

Probate will not be granted without a stamped certificate from the IHT section of the revenue (this acknowledges that they have the IHT submission - paying it is a different matter).

Also I found the Which? book - "What to do when someone dies", very useful.

bazster

demented_weasel wrote: »

But property needs to be valued as at the date of death, so it would be better to use a chartered surveyor to value it and write a report that will be submitted with the IHT returns.

Probate will not be granted without a stamped certificate from the IHT section of the revenue (this acknowledges that they have the IHT submission - paying it is a different matter).

Also I found the Which? book - "What to do when someone dies", very useful.

We're talking about a mobile home here, so the estate is very unlikely to be above the IHT threshold. So long as the property is not manifestly grossly under-valued the revenue will not be interested, and certainly will not need to see an expensive report from a chartered surveyor.