Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think that probate is taking too long

126 replies

GeraniumGirl · 18/06/2023 14:35

My dear Grandmother died in October.

Her estate was very simple because she had already sold her house and moved into a care home.

A solicitor is the executor but there is still no sign of probate.

I know that it was taking a long time for probate to be granted last year but looking at the probate search online it doesn’t generally seem so long now.

Does anyone have any recent experience of probate times for simple estates?

AIBU to think that the solicitor is dragging his heels?

OP posts:
SchoolQuestionnaire · 27/04/2024 17:45

worrieddaughter97 · 27/04/2024 17:21

It's not recommended due to the state of the housing market and probate delays. It's a MINIMUM of 16 weeks, not a guarantee.

The delays are because the professional executors follow the rules, and lay executors don't bother (i.e. with the HMRC clearance).

I understand that but to be honest I’m glad our solicitor told us to crack on with the marketing as the property transactions took almost as long as the grant of probate. I think surveyors etc must all be wfh too. Thankfully we did and we were ready to proceed immediately once it came through, aside from a short wait for one of the buyers.

Re the HMRC clearance our solicitor (not the executor, but engaged by us) has paid out the bulk but suggested we ‘exercise caution’ with the amount paid out and a proportionally small amount be retained. I’m assuming that if our solicitor was the actual executor rather than acting on behalf of them the funds would be retained in entirety.

Probate, house sales and (main) funds released took 18m for us. It was complicated and tedious. To be honest there is no urgency for the money but we saw it as a sign the whole horrible thing was over. I’d have hated to have it dragging on for another 10 months, although I understand that your hands are tied.

Whyhaveibeencutoutofmamsnot · 27/04/2024 17:53

I did DM probate (no will also no house to sell) took under three months from when she died to bank saying they could release funds.
DFIL had a will again no property but DBIL got a solicitor took almost a year (and various minor mistakes and omissions) and fees to pay

stopringingme · 27/04/2024 18:06

GeraniumGirl · 27/04/2024 14:17

Still waiting for the solicitor to distribute the funds….

They will put the money in a client account and it will be earning interest which is passed on to the beneficiaries - I asked our solicitor where the money was held and this was their answer.

We are waiting for monies to be released from my Dad's estate and we were advised to wait for six months after probate was granted in case anyone came forward with a claim against the estate, we could have had the money earlier but we decided to wait.

Have you had to prove who you are by taking your passport or driving licence to be certified and given proof of a bank account you want the monies to be paid in to, they also do a credit check to make sure you are not bankrupt.

Downplayit · 27/04/2024 18:07

If you can move solicitors or do it yourself I definitely would. He sounds awful! Either that or you need to be on his case at every stage of the process which is hard if you are not the executor.

worrieddaughter97 · 27/04/2024 18:08

Whyhaveibeencutoutofmamsnot · 27/04/2024 17:53

I did DM probate (no will also no house to sell) took under three months from when she died to bank saying they could release funds.
DFIL had a will again no property but DBIL got a solicitor took almost a year (and various minor mistakes and omissions) and fees to pay

So the solicitor followed the rules, and you didn't?

Yes of course you can do it yourself, cut corners and take risks, but I don’t know why you would want to

Whyhaveibeencutoutofmamsnot · 27/04/2024 18:18

worrieddaughter97 · 27/04/2024 18:08

So the solicitor followed the rules, and you didn't?

Yes of course you can do it yourself, cut corners and take risks, but I don’t know why you would want to

In what way do you think I ignored the rules did you you see my form. I followed everything on the form and got grant of probate back which I then took to the bank.
FIL solicitor had the probate (I saw on the government website) and then six weeks later wrote to say they had got probate. Things only happened when we called the solicitor (actually not a qualified solicitor) to ask about progress.
Both cases were below IHT thresholds.

worrieddaughter97 · 27/04/2024 18:20

Whyhaveibeencutoutofmamsnot · 27/04/2024 18:18

In what way do you think I ignored the rules did you you see my form. I followed everything on the form and got grant of probate back which I then took to the bank.
FIL solicitor had the probate (I saw on the government website) and then six weeks later wrote to say they had got probate. Things only happened when we called the solicitor (actually not a qualified solicitor) to ask about progress.
Both cases were below IHT thresholds.

Did you account to HMRC?

Produce full estate accounts?

Place notices?

I know you didn't wait for 6 months after the grant, because you admitted that in your post.

Whyhaveibeencutoutofmamsnot · 27/04/2024 18:32

Why do I need to wait six months - accounts all done HMRC informed all bills paid extended family aware.
And the sums were correct (unlike when I checked the "solicitors" accounts
Much less work than going via a solicitor and a lot cheaper - okay it was a simple estate but so was FIL's

OnlyFannys · 27/04/2024 19:12

This is shocking OP! I have just completed probate for a family member who passed in January, we were going to use a solicitor but they charged 900 on top of the probate application fee so I did it myself and it took about 20 mins and I have already distributed the funds, reading this I'm really glad we made that decision. I hope you get sorted quickly

GeraniumGirl · 27/04/2024 20:14

OnlyFannys · 27/04/2024 19:12

This is shocking OP! I have just completed probate for a family member who passed in January, we were going to use a solicitor but they charged 900 on top of the probate application fee so I did it myself and it took about 20 mins and I have already distributed the funds, reading this I'm really glad we made that decision. I hope you get sorted quickly

Solicitors fees are already well over £10k on a simple estate of around £350k. Taking the piss.

OP posts:
exomoon · 27/04/2024 20:18

Is it done now?

GeraniumGirl · 27/04/2024 20:19

exomoon · 27/04/2024 20:18

Is it done now?

Nope. Distribution of funds expected in 3 months time.

OP posts:
edwinbear · 27/04/2024 20:22

My aunt died in Jan, simple estate, no will so I applied on paper for letters of administration in Feb. Came through last week. It was much quicker than I thought it would be.

OnlyFannys · 27/04/2024 20:53

GeraniumGirl · 27/04/2024 20:14

Solicitors fees are already well over £10k on a simple estate of around £350k. Taking the piss.

That seems so expensive! The fee we were quoted was only based on an estate of about 90k but well over 10k seems huge, especially based on how long it has taken

Supergirl1958 · 27/04/2024 20:57

GeraniumGirl · 18/06/2023 14:35

My dear Grandmother died in October.

Her estate was very simple because she had already sold her house and moved into a care home.

A solicitor is the executor but there is still no sign of probate.

I know that it was taking a long time for probate to be granted last year but looking at the probate search online it doesn’t generally seem so long now.

Does anyone have any recent experience of probate times for simple estates?

AIBU to think that the solicitor is dragging his heels?

The probate for our house took two years, and that’s only after we pushed them to nth degree on it! Turns out her husband had left the house to her in his will and it had to go through probate for that also! This was 8 years ago!

Mama2many73 · 27/04/2024 21:04

My dm died in August 22, and Probate went through the followingSept (2023) but a lot of that time was waiting for the house sale to complete. At the time We were told looking at 3-6mths without the house sale.
The solicitor is acting on your behalf and is being paid by uou so the least they can do is answer you!!

ShanghaiDiva · 27/04/2024 21:09

worrieddaughter97 · 27/04/2024 18:08

So the solicitor followed the rules, and you didn't?

Yes of course you can do it yourself, cut corners and take risks, but I don’t know why you would want to

all the information is on the govt website. What makes you think only a solicitor is capable of following the rules?
I am the executrix for my dm’s estate- waiting for the grant, but have completed all the paperwork, have a record of all transactions, understand that tax will need to be paid on income earned during the administration period, have to complete a self assessment form for my dm…etc

ShanghaiDiva · 27/04/2024 21:18

@worrieddaughter97
you stated that turnaround from banks is 4-6 weeks. Is this just the experience of probate professionals as I found they were pretty quick when dealing with my DM’s estate this year and had all info- banks, shares, pensions etc within 6 weeks. DWP is also relatively quick and straightforward when the executor uses the tell us once service.

worrieddaughter97 · 27/04/2024 21:18

ShanghaiDiva · 27/04/2024 21:09

all the information is on the govt website. What makes you think only a solicitor is capable of following the rules?
I am the executrix for my dm’s estate- waiting for the grant, but have completed all the paperwork, have a record of all transactions, understand that tax will need to be paid on income earned during the administration period, have to complete a self assessment form for my dm…etc

So you will understand when delays happen?

Imagine these delays, but across 40-50 estates at a time. With entitled beneficiaries screaming at you day in day out.

worrieddaughter97 · 27/04/2024 21:19

ShanghaiDiva · 27/04/2024 21:18

@worrieddaughter97
you stated that turnaround from banks is 4-6 weeks. Is this just the experience of probate professionals as I found they were pretty quick when dealing with my DM’s estate this year and had all info- banks, shares, pensions etc within 6 weeks. DWP is also relatively quick and straightforward when the executor uses the tell us once service.

Yes, as it's dealt with by different departments and they have to undertake more checks

ShanghaiDiva · 27/04/2024 22:08

@worrieddaughter97 - I have already experienced delays and very poor service from one bank. It’s an extremely frustrating process and frankly ime HMCTS could not care less about the ‘service’ they provide.
I think beneficiaries become frustrated as there are payments to be made: utilities, house insurance, probate fees, death certificate fees…etc and this all adds up.

CallmePaul · 27/04/2024 22:29

Was under 3 months in my case, I did it myself as Solicitor wanted £6k! Simple estate was easy to do.

However I messed up on the very 1st stage you do, simply inputting the initial 2 numbers Gross estate minus allowable expenses (funeral) I simply in a grief dead brain state put something in the wrong column, I also paid probate twice for the same reason. That took them 9 months to explain what I'd done wrong on the initial application.

So whole process took a year, but should have been 3 months.

Tukto · 28/04/2024 11:13

Imagine these delays, but across 40-50 estates at a time. With entitled beneficiaries screaming at you day in day out.
I think this is the issue. A solicitor isn't just dealing with your DM's estate but 40 others as well. If you do your own it's a priority. Perhaps banks are more inclined to be helpful to the relatives than a solicitor, I certainly found they all responded quickly. NS&I were the slowest.
A lay person is perfectly capable of informing HMRC and declaring assets for IHT. None of the estates I have done have been anywhere near IHT level even with property, although you do still have to declare the value before probate. Of course as well as this the executor has to keep paying the bills if there is a property but again easy to do if it's your own parent's house.

Whyhaveibeencutoutofmamsnot · 28/04/2024 15:14

Do need to enquire upfront about how fees will be worked out.
Some solicitor firms take the mick and want to charge a percentage as well as hourly fees.
Perhaps a solicitor shouldn't take on further cases if they already have backlogs although that means fees walking out of the door.

ShanghaiDiva · 28/04/2024 15:34

@worrieddaughter97 if beneficiaries are getting frustrated perhaps the firm has insufficient staff for the amount of work taken on?
I am the executrix for my DM’s estate and often have to chase institutions, but I have the time to do it.