Probate process

ProStuart

I recently lost my mum and the will nominates the solicitors as the executors with myself as the sole beneficiary.


I had my initial meeting with the solicitors on Friday 9th March where they explained that I should pass them everything in terms of information about bank accounts, investments, etc.


I delivered all of that information on Monday 12th March - the estate is not complex - there are 2-3 bank accounts, a couple of shares and a bond plus your standard cable TV, telephone, utilities, etc. There is a single property with no mortgage and no other outstanding debts.


Initially I got quite frustrated with the solicitors and called them on 14th March to ask approximately how much they will be charging along with an expected completion. I was advised that it was too early for them to say despite them having already sent out all the letters to the appropriate companies/banks.


Does anyone know if this is normal? Obviously, any time I spend chasing them will be charged back out of the estate but I feel frustrated that I'm left completely in the dark and with no control over anything.


With a simple estate like this and assuming no hold-ups, what timeline should I expect to have everything completed?


Thanks

Yorkshireman99

ProStuart wrote: »

I recently lost my mum and the will nominates the solicitors as the executors with myself as the sole beneficiary.


I had my initial meeting with the solicitors on Friday 9th March where they explained that I should pass them everything in terms of information about bank accounts, investments, etc.


I delivered all of that information on Monday 12th March - the estate is not complex - there are 2-3 bank accounts, a couple of shares and a bond plus your standard cable TV, telephone, utilities, etc. There is a single property with no mortgage and no other outstanding debts.


Initially I got quite frustrated with the solicitors and called them on 14th March to ask approximately how much they will be charging along with an expected completion. I was advised that it was too early for them to say despite them having already sent out all the letters to the appropriate companies/banks.


Does anyone know if this is normal? Obviously, any time I spend chasing them will be charged back out of the estate but I feel frustrated that I'm left completely in the dark and with no control over anything.


With a simple estate like this and assuming no hold-ups, what timeline should I expect to have everything completed?


Thanks

Usually a minimum of sisx months. Every time you call them they will add something to the bill. The pity is, and too late now, you could probably have done the whole job yourself.

nom_de_plume

ProStuart wrote: »

... and the will nominates the solicitors as the executors

Yorkshireman99 wrote: »

.... The pity is, and too late now, you could probably have done the whole job yourself.

To elaborate, that would require the nominated executor (the solicitor) to relinquish that position.

ProStuart

Why does it take so long? Assuming it takes a couple of weeks to settle up things like bank accounts, utility companies, other assets, etc.


The assets will not exceed £325k so no inheritance tax.


What takes another 5 months?

Lucy5781

ProStuart wrote: »

Why does it take so long? Assuming it takes a couple of weeks to settle up things like bank accounts, utility companies, other assets, etc.


The assets will not exceed £325k so no inheritance tax.


What takes another 5 months?

Standard to allow for any possible claims for debts or other claimants to surface.

Same position here after my mother died in the middle of February. We discussed single fee with our mother's nominated solicitor at our first meeting with them. It will cost less than the value of her car so we're leaving it all with the solicitors. My brother is mid house sale himself and I'm due to give birth in the next three weeks so it is a positive practicality for us.

Margot123

ProStuart wrote: »

Why does it take so long? Assuming it takes a couple of weeks to settle up things like bank accounts, utility companies, other assets, etc.


The assets will not exceed £325k so no inheritance tax.


What takes another 5 months?

Solicitors have a greater duty of care as they are professionals and totally accountable as executors.
They will have to place notices in The London Gazette asking creditors to come forward (if any), and allow at least 2 months for that from date of publication.

They are renowned for working at what appears to be a slow pace, but you have to remember they will have dozens of other clients to deal with at the same time.

As they have already inter-meddled in the estate, they cannot by Law renounce their role as executor.

Sorry but you may have at least 6 months to wait before you hear anything.

Keep_pedalling

Lucy5781 wrote: »

Standard to allow for any possible claims for debts or other claimants to surface.

Same position here after my mother died in the middle of February. We discussed single fee with our mother's nominated solicitor at our first meeting with them. It will cost less than the value of her car so we're leaving it all with the solicitors. My brother is mid house sale himself and I'm due to give birth in the next three weeks so it is a positive practicality for us.

The solicitors will not have a clue about you mums finances, and as they will be held responsible for any debts that could come crawling out of the woodwork they are going to cover their back sides against any unforseen claims. They certainly will not take your word that there are no depts.

If you mum had made you the executor you would certainly be able to wrap it up faster, and being sole beneficiary would not have had to worry about thing like unexpected dept.

They will have lots of other work on as well and probate cases will not be getting priority treatment.

AnotherJoe

ProStuart wrote: »

Why does it take so long? Assuming it takes a couple of weeks to settle up things like bank accounts, utility companies, other assets, etc.

The assets will not exceed £325k so no inheritance tax.

What takes another 5 months?

The solicitor has to make it seem as if they are earning their money? I really think thats the answer because as you say, there isnt much needs doing, teh numbers you handed over would have been put directly into the probate and tax forms, and thats it.
EDIT; Perhaps I'm being unfair, there are also processes the slicitor has to do that most executors/beneficiaries wont, and they inherently cause a delay as well. See posts below about debtors.

Probably your mum thought it was a difficult process with complex forms and maybe it was years ago, but it isn't now, or not for simple estates anyway.

I've just done it for my mum (handed the forms in yesterday as i didn't fancy the post) , took 3 weeks elapsed and about 2-3 hours of my time most of which was double and triple checking as I'd never done it before. Similar to you, a flat, no mortgage, 3 bank accounts with small sums in, total well under the £325k.

Unfortunately if the executor is named in the will i think you are stuffed unless the solicitor will relinquish the task, no idea how common that would be.

SevenOfNine

FiL died on 6 Feb, all finances sorted income/expenditure except ongoing power costs for empty owned property, bills suspended until sale finalises (though racking up costs as heating must be left on for insurance purposes).

Oath sworn last week & we expect the Grant end of next week (according to the probate offices own information). So apart from completing the house sale in due course, the rest should be done & dusted in 2 months. Similar timescale twice before.

Having said that, Margot is right. The solicitor will advertise for creditors in the London Gazette (whereas we're choosing not to, it's advisory not compulsory - but a solicitor does have a duty of care, not sure if that makes it compulsory for them). I think the waiting time for anyone to step up is 2 months & 2 weeks.

So what takes a solicitor 6 months? They have other things to do, whereas we gave all the tasks our undivided attention. It's going to be frustrating for you I'm afraid, but each time you call or they have to write to you, it will be adding to the estate bill. No point in crying over spilt milk now, your mum named them as executor & unfortunately you're stuck with that, & their timescale!

My condolences, & maybe they'll surprise you with their speed.

TBagpuss

As the beneficiary of the estate, you are not a client of the solicitor but it's good practice for them to give you information in a similar way to if you were a client - this would include information about their likely costs and the time scale the case is likely to take.

It isn't a formal requirement, but it would be appropriate for you to ask them to give you that information, and also to ask them to keep you in the loop.

How long it takes will depend on a number of factors, including how quick the banks etc are to respond.

If your mum was in receipt of any kind of tax credits or benefits, they will have to wait for DWP to confirm there is nothing owing for any over payments, and as others have said, they will also need to make enquiries to ensure that there are no creditors who may come out of the woodwork.

Yorkshireman99

AnotherJoe wrote: »

The solicitor has to make it seem as if they are earning their money? I really think thats the answer because as you say, there isnt much needs doing, teh numbers you handed over would have been put directly into the probate and tax forms, and thats it.

Probably your mum thought it was a difficult process with complex forms and maybe it was years ago, but it isn't now, or not for simple estates anyway.

I've just done it for my mum (handed the forms in yesterday as i didn't fancy the post) , took 3 weeks elapsed and about 2-3 hours of my time most of which was double and triple checking as I'd never done it before. Similar to you, a flat, no mortgage, 3 bank accounts with small sums in, total well under the £325k.

Unfortunately if the executor is named in the will i think you are stuffed unless the solicitor will relinquish the task, no idea how common that would be.

AIUI the solicitor.s professional body advise them to renounce if the estate is small and straightforward but this is not mandatory.