What's the best way to find a probate specialist?

sparkiemalarkie

Hi my sister is an executor to a will and now feels unable to carry out the task.
What is the best way to find a probate specialist?
Would it help if they were local to the estate or sister?


How urgent is it to get things underway?


many thanks


sparkie

Rubik

Has your sister begun any work on the estate? If she has, then this is known as "intermeddling", and she won't be able to renounce her role as executor. Is there another executor who could carry on with administering the estate? Has probate been granted yet?

She doesn't need to use a local solicitor to either the estate or her home. The vast majority of solicitors are happy to act remotely, ie by phone, email, post, and some even offer video calls.

Mojisola

sparkiemalarkie wrote: »

Hi my sister is an executor to a will and now feels unable to carry out the task.
What is the best way to find a probate specialist?
Would it help if they were local to the estate or sister?

I employed a solicitor to do the work on my Dad's estate while I stayed as executor.

I found it useful to use a local firm so that face-to-face appointments were easy and I could drop off paperwork personally.

Ask around for personal recommendations.

Yorkshireman99

sparkiemalarkie wrote: »

Hi my sister is an executor to a will and now feels unable to carry out the task.
What is the best way to find a probate specialist?
Would it help if they were local to the estate or sister?


How urgent is it to get things underway?


many thanks


sparkie

Unless the estate is complex any local solicitor should be able to do it but the estate will have to pay for it.

Mojisola

Yorkshireman99 wrote: »

Unless the estate is complex any local solicitor should be able to do it but expect to pay for it.

But the costs will come out of the estate - it's not an expense that the executor will be personally liable for.

Yorkshireman99

Mojisola wrote: »

But the costs will come out of the estate - it's not an expense that the executor will be personally liable for.

Corrected. I should have made that clear. Mea culpa!

sparkiemalarkie

Rubik wrote: »

Has your sister begun any work on the estate? If she has, then this is known as "intermeddling", and she won't be able to renounce her role as executor. Is there another executor who could carry on with administering the estate? Has probate been granted yet?

.

Ah, would my sister have to renounce her role if a solicitor was to take over?


There is another executor but they are unwilling to take on the task as well.


Nothing has been done yet except informing the house insurance and booking a date for the funeral.


Probate has not been granted.


sparkie

Yorkshireman99

sparkiemalarkie wrote: »

Ah, would my sister have to renounce her role if a solicitor was to take over?


There is another executor but they are unwilling to take on the task as well.


Nothing has been done yet except informing the house insurance and booking a date for the funeral.


Probate has not been granted.


sparkie

The executors can renounce or reserve powers if they appoint a solcitor. Whoever has arranged the funeral is liable to pay but may be able to reclaim from the esate subject there being sufficient funds. If an over elaborate funeral is arranged then the estate might not refund the full cost. What has been done so far is not intermeddling but the executors need to be careful that they dont do any more.

Mojisola

sparkiemalarkie wrote: »

Ah, would my sister have to renounce her role if a solicitor was to take over?

There is another executor but they are unwilling to take on the task as well.

No, she can employ the solicitor to do the work but stay as executor so she will be the one to sign off on all the paperwork.

The other executor could refuse to be an executor or could just reserve their powers - if anything happens to your sister before the estate is settled, he/she could step in, again using the solicitor to do the work.