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What can Executors do after Grant of Probate?

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Hi all,

Unfortunately I lost my Mother earlier this year and have been going through the heartbreaking process of sorting her estate out. Luckily Mum left a will so honouring her wishes in regards to what she wanted to happen in the event of her death should have proven relatively easy – but then I meet a solicitor!!

I instructed this firm of solicitor on a recommendation and they has just completed grant of probate, but I must say the entire process has been extremely frustrating and expensive! Mum did not leave a massive estate, nor a complicated one, however at every turn it feels like to process is only driven by my constant phone calls and emails.

What I would love to find out from anyone on the forum is: has anyone completed the process of paying liabilities, payment of cash legacies as named in her will, distribution of residuary estate to the beneficiaries after grant of probate?

What I would dearly love is to inform the solicitor to do the minimum required on his part and take more ownership of the final processes, as to be honest, I think I would do a better job.

If anyone has had any experience in this area would dearly love to hear from you.

Thanks

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 47,300 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you'll find several of us have done this, and with a simple will it's not rocket science. I'd arm yourself with a good book, like the Which Guide to Wills and Probate.

    However, the solicitor may not want to relinquish the final stages back to you, so you do need a very clear idea of what's been done and what's not been done.

    You can, of course, raise a complaint about the delay in handling your mother's affairs.

    Sorry for your loss.
    Signature removed for peace of mind
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    If they've just completed probate then the timescale (for a solicitor) is not that unreasonable and certainly not grounds for complaint. Yet anyway. There is an 'executor's year' traditionally allowed to complete things and few solicitors are prepared to pay anything out for at least 6 months so will not hurry themselves in that 6 months

    There's still the process of gathering in the assets to be done.

    Did the solicitor include you as executor? If not it will be just about impossible to take the work back from him. Even if he did it won't be simple.

    I think you need to chalk this up to experience and DIY from the start if a similar need arises
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    If you are executor and he is just carrying out work as requested by you, then you should be able to tell him to call a halt at any time.

    The work remaining to be carried out is very straightforward.
  • I did everything myself as executor in fact my fathers solicitor advised it as she told me that I would not also have to pay her extortionate hourly rate (bless her)

    I applied for probate

    I kept records of the amount paid out to each recipient.

    But I was fortunate that there was no property to deal with or complicated instructions. It was this amount goes to that person.
  • Hi smokeybubbles,
    I have recently been an executor to my M.I.laws estate-not huge -less than £50k and only slightly complicated-all completed in just 7 months from applying for Probate.
    I read everything I could online regarding what to do and when.
    There is plenty of help from Goverment offices and HMRC.
    I also downloaded a book called Probate by Gordon Bowley,which he wrote as a guide to his children-this was to become my executors 'bible'-the standard letters are particularly helpful.
    Nothing is too difficult just time consuming.
    My top tip-just be very organised and keep copies of everything!
    Your situation with the Solicitor depends on exactly you instructed him to do,ie Probate application or total handling of the will process.
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