after grant of probate

someguyfromwales

Hi

About 5 weeks ago I received a letter from a solicitor to say I had been left a small amount as inheritance and that they were applying for a grant of probate. The grant of probate was given about 3 weeks ago. As I'm not a solicitor and know absolutely nothing about the law in this subject or any subject for that matter I asked what the process was and roughly how long does it normally take from this point on now probate has been granted. They were quite rude to be honest and gave me no info on what they do next and just told me they would be in touch when they are done and it should be within a year! As far as I am aware its a straightforward estate, there's no debt no property to to sell or and shares and anything else just a bit of cash left in the bank. My question is could it really take up to a year? it doesn't matter if it does just seems a bit unbelievable

Thanks in advance for any replies :-)

G6JNS

someguyfromwales wrote: »

Hi

About 5 weeks ago I received a letter from a solicitor to say I had been left a small amount as inheritance and that they were applying for a grant of probate. The grant of probate was given about 3 weeks ago. As I'm not a solicitor and know absolutely nothing about the law in this subject or any subject for that matter I asked what the process was and roughly how long does it normally take from this point on now probate has been granted. They were quite rude to be honest and gave me no info on what they do next and just told me they would be in touch when they are done and it should be within a year! As far as I am aware its a straightforward estate, there's no debt no property to to sell or and shares and anything else just a bit of cash left in the bank. My question is could it really take up to a year? it doesn't matter if it does just seems a bit unbelievable

Thanks in advance for any replies :-)

In theory the estate should be distributed within a year of the death. In practice it seldom takes half that time. If you want to get a copy of the will you can get it here for £10.

https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

There is no excuse for them being rude. You could write polite letter of complaint addressed to the senior partner.

thorsoak

Yes it can take up to a year. You do not know whether the estate consists of cash in the bank or is held in stocks, shares and isas - all of these have to be calculated up to the date of death and any interest added. You do not know what debts there might be in the estate - from utility bills to credit card bills. There may be tax due to HMRC, there may be under or overpayment of pension/state benefits. It's not necessarily as simple as just writing out a cheque to you.

someguyfromwales

I do know that there aren't any debts my aunt that passed away recently went into a home about 3 years ago at that point all accounts and debts were sorted out and house was sold at that point. All the cash from the house sale went into the one account to pay for the home fees everything else was sorted back then there are no stocks or anything . it doesn't really matter to me if I don't get anything at the end of it was just a bit puzzeled how it could take a year in the fast digital age that we live in these days. Thanks for the replies :-)

G6JNS

thorsoak wrote: »

Yes it can take up to a year. You do not know whether the estate consists of cash in the bank or is held in stocks, shares and isas - all of these have to be calculated up to the date of death and any interest added. You do not know what debts there might be in the estate - from utility bills to credit card bills. There may be tax due to HMRC, there may be under or overpayment of pension/state benefits. It's not necessarily as simple as just writing out a cheque to you.

That overstates the case if, as the OP suggests, the estate issimple and consists mainly of cash. six months should be ample to deal with such an estate.

someguyfromwales

What sort of things do they have to deal with? I have no idea how it works but I thought they had to find out what needed paying before they get the grant then isn't it simply just sent some money to a bunch of people/companies then all bills paid why does it take so long? Being able to pay bilks in an instant with a quick telephone call or click of the mouse I just don't understand the process of why its even months and not just a few weeks, again thanks for the replies guys :-)

dzug1

someguyfromwales wrote: »

I do know that there aren't any debts :-)

You may know that but a solicitor dealing with an estate won't and will have to satisfy himself that what you are telling him is true and complete.


He can be personally responsible if he gets it wrong.

Keep_pedalling

You have to remember that the executors are personally responsible door any errors that they make, so if for example a creditor of the estate comes knocking after they have distributed all the money then they can't claw it back its down to them to pay the creditor, unless they had advertised the death in the London Gazette and two months had expired since the ad was placed.

They also have to be sure that any claims for pension over payment are not going to hit them down the line, and of cause solicitors generally tend to act very slowly.

someguyfromwales

I underatand that but How would they find that out though? Though a credit agency or something? I'm just intreaged as to how it takes so long to find these things out and pay them, and as I put in my previous post I thought this was done prior to applying for the grant, if the grant has been received surely they know what bills\debts there are and what to pay? Or have I misunderstood the grant of probate?

G6JNS

someguyfromwales wrote: »

I underatand that but How would they find that out though? Though a credit agency or something? I'm just intreaged as to how it takes so long to find these things out and pay them, and as I put in my previous post I thought this was done prior to applying for the grant, if the grant has been received surely they know what bills\debts there are and what to pay? Or have I misunderstood the grant of probate?

Apart from anything the statutory notice may show up the executors must know all the figures otherwise they can't complete the probate forms. Take a look at the stickies for more information.

fredsnail

It took us 3 months to receive the final bill for a relatives care - we couldn't apply for probate until they gave us this figure as it was a significant debt.