Probate process

Yorkshireman99

SevenOfNine wrote: »

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.

A solicitor is obliged by the professional rules to wait six months to see that there is no claim from anyone who is entitled to financial support, Similarly they risk a claim if they dont advertise in the London Gazette. Non professional executors can, if they wish, take a chance.

Larac

Not that it will help the OP, but when I made my will a few years back at a solicitors office, they recommended using family/friends as executors of the will as it would hold up things, if you use a solicitor!

AnotherJoe

LOL

Yes there another post in here recently , the question was "does probate take a long time"and the answer was "only if you use a solicitor"

SevenOfNine

AnotherJoe wrote: »

LOL

Yes there another post in here recently , the question was "does probate take a long time"and the answer was "only if you use a solicitor"

Yes, that was very funny, & I do believe the guilty party was Yorkshireman99. :rotfl::rotfl::rotfl:

Flugelhorn

SevenOfNine wrote: »

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).

Doing the same here - swearing oath later today then will post it back to the registry, not bothering with gazette as am sole exec and beneficiary (hence liable if there are any unknown debts whatever I do) - think whole application process will be under 5 weeks from when I delivered the documents

Yorkshireman99

SevenOfNine wrote: »

Yes, that was very funny, & I do believe the guilty party was Yorkshireman99. :rotfl::rotfl::rotfl:

For the record it was not me but very good anyway!

AnotherJoe

Yorkshireman99 wrote: »

A solicitor is obliged by the professional rules to wait six months to see that there is no claim from anyone who is entitled to financial support, Similarly they risk a claim if they dont advertise in the London Gazette. Non professional executors can, if they wish, take a chance.

Thats a good point, the solicitor would be taking a chance, whereas in the common situation where executor(s) = beneficiary(s) they aren't because the debts are still due anyway. In my case for example, if it turned out that my mum owed say DWP £500, that £500 woudl still have to be paid back to them and whether i pay it out of estate or a year down teh line when they realise, is immaterial.

I also think there is a small danger posting in the gazette and local paper (as often advised, and which a solicitor is bound to do), that of advertising that a place may now be empty (not a stretch if the person who died is 80+) and scammers coming along and saying that they were owed mone. Plus i understand its common to get unsolicited offers to buy the house, and house clearance companies and related offering their services. I cant be doing with that.

Mojisola

Yorkshireman99 wrote: »

A solicitor is obliged by the professional rules to wait six months to see that there is no claim from anyone who is entitled to financial support, Similarly they risk a claim if they dont advertise in the London Gazette.

Non professional executors can, if they wish, take a chance.

This is what we did when Dad died.

We employed a solicitor to do the work but I stayed as executor. I had looked after Mum and Dad's finances for over ten years and knew there were no unknown debts so didn't bother with the LG.

The solicitor had it recorded in our notes that he had advised we should but that we had decided not to in order to cover himself.

Flugelhorn

AnotherJoe wrote: »

I also think there is a small danger posting in the gazette and local paper (as often advised, and which a solicitor is bound to do), that of advertising that a place may now be empty (not a stretch if the person who died is 80+) and scammers coming along and saying that they were owed mone. Plus i understand its common to get unsolicited offers to buy the house, and house clearance companies and related offering their services. I cant be doing with that.

It did occur to me that that could be a problem - can imagine people might try it on with claiming that there were debts, some people may feel awkward challenging them. Agree it also advertising that the property is empty is not a good idea... though of course the death announcement in the paper, complete with age, is a bit risky too

AnotherJoe

Flugelhorn wrote: »

It did occur to me that that could be a problem - can imagine people might try it on with claiming that there were debts, some people may feel awkward challenging them. Agree it also advertising that the property is empty is not a good idea... though of course the death announcement in the paper, complete with age, is a bit risky too

True but that wont have their address specified just the area.