Probate timescales & expectations?

getcarter

My mums passed away in July, we put house on Market in sept and it had a final offer quite quickly (buyers fully aware of waiting for probate). It has taken ages for solicitor to get info together (not all her fault), all utilities made aware, phone is cut off, insurance providers informed by me.

Probate was signed just over 2 weeks ago, solicitor has been on holiday for 2 weeks so hoping to here from her next week.

antrobus

dzug1 wrote: »

There is no time limit on applying for probate - you can do that years later if necessary ....

That would be correct. (I know of one estate where it's 20 years and counting.) In fact there's no requirement to apply for probate at all.

climbintheladderouttadebt

dzug1 wrote: »

Yes they can charge a percentage of the estate as well as an hourly rate if that's their fee structure. Some do, some don't. Banks are notorious for this. Do the solicitors need to have put this in writing ie in the will??

They should provide you with details of their fee structure - either they haven't, or they have and you've not taken it in, or you've asked them the wrong question. You seem to have been told 'how much' rather than the scale of fees The first time they told me of their fee structure was a letter received last week, previous communications only told me what they were charging so far. I asked months ago for a fee structure but again have only just received it.

As to the house - it may be the estate agents undervalued it and the solicitor used a higher value to avoid trouble with HMRC. Doesn't sound overly convincing though. Unless she had loads of savings and investments it's academic. Savings were over £18k - would that be classed as enough to make a difference?

But if you are in over your head you are going to have had this problem anyway. The only good thing is that you would have had a free choice in solicitor.

Thanks so much for your input

climbintheladderouttadebt

I opened post at mums on Saturday, of which several letters were from July regarding accounts (ie utilities or the bank) which seemed to give all information requested by the solicitor. During the last three or four months the solicitor has had 3-4 weeks off. I really feel she has wasted time and is finding any excuse for extra charges to be piled on. Has anyone any experience with complaining to somebody like the Law Society, and truthfully, realistically, would I have grounds for a complaint?

climbintheladderouttadebt

Am I right in thinking inheritance tax is due on estates valued at 125k and over? if so, I think I might only have 2 months left in which to pay it...
I am planning on keeping the property for now, however. If I put it on the market in 2-3 months times could the IHT payment wait until the sale went through?
Is there anywhere I can find more out about IHT? Trying Google this evening but if anyone has any good links please help thank you

bluemorph

No Inheritance tax is only due on Estates valued at over £325k so you will be ok.

climbintheladderouttadebt

Thank you thats a relief!
I am possibly going to start a complaint through their complaints procedure when the invoice comes in, but I'm not sure the extra amount they've added to the value of the property makes a big difference to the solicitors fee's.
I'm now in the process of sending off lots of personal info with some forms and ID. Going to start keeping a detailed log in case I feel the need to follow through with the complaint.