Probate advice

Tatatatata

@brie I am going to try on Monday. It’s difficult because they’re only open at a certain time and that’s my working hours. Someone said to me they wouldn’t discuss the case though. 

Keep_pedalling

Brie said:

Can you ring the probate office to enquire?  Even if they can tell you what the current wait time is?

As the OP is not the executor, I doubt whether the PO will deal with them.

tooldle

Tatatatata said:

Tbh the solicitor could have applied just after they died because it’s so straightforward. I can’t believe it’s taking so long. I’ve had letters from the bank/building society about the accounts (which obviously I can’t do anything with) 

Is this a solicitor issue (in which case I can ‘hassle’ often) or a probate office issue (in which case I can ask the solicitor to hassle - for a fee!) ? I can’t work out who is holding this up. 

If you know for certain the application has gone in, and the grant has not been issued, it would seem to be a probate office issue. I’ve an estate in progress at the moment. It has taken almost 5 months to get the figures together, with attendance allowance being the last to respond with their final figure meaning probate can now be applied for.

msb1234

I would contact your solicitor again - via a phone call - and ask them to send you a copy of the receipt for the probate application. This will show when the application was submitted.
Explain to them that you will hold them liable for any losses you may incur (such as potential interest from your inheritance) which are as a direct result in their delay in applying for probate.

Hoenir

msb1234 said:

Explain to them that you will hold them liable for any losses you may incur (such as potential interest from your inheritance) which are as a direct result in their delay in applying for probate.

Before jumping in with both feet and telling a professional person how to do their job. Best to first ascertain what the issue is. 

Savvy_Sue

One reason not to distribute immediately is to ensure all debts are paid, and if parent was in a care home it may take time to establish that fees were up to date. 

kuratowski

When my Dad died, it took HMRC well over 6 months to calculate the income tax refund that was due.  Another department that is frequently cited as having long delays is DWP.  In my case I actually didn't wait for HMRC, I put down an estimate, but other executors might act differently.  If you were waiting for information from government bodies before applying for a grant of probate, it could well lead to extended timelines.

Newly_retired

I applied in late September 2023 and it took 12 weeks. Straightforward online application..

Tatatatata

All debts were paid, there were no outstanding bills.  I don’t think I was awaiting any info from any government depts - would the solicitor sort this out or the probate office? Any benefits were stopped the day of death. 

Keep_pedalling

tooldle said:p

Tatatatata said:

Tbh the solicitor could have applied just after they died because it’s so straightforward. I can’t believe it’s taking so long. I’ve had letters from the bank/building society about the accounts (which obviously I can’t do anything with) 

Is this a solicitor issue (in which case I can ‘hassle’ often) or a probate office issue (in which case I can ask the solicitor to hassle - for a fee!) ? I can’t work out who is holding this up. 

If you know for certain the application has gone in, and the grant has not been issued, it would seem to be a probate office issue. I’ve an estate in progress at the moment. It has taken almost 5 months to get the figures together, with attendance allowance being the last to respond with their final figure meaning probate can now be applied for.

You did not have to wait until you had that level of detail to apply for probate. Even if you had to do an IHT return first you could have provided estimated figures.