Probate granted but no info been given by Executor

[basilbrush]

I have posted another thread about delays in getting a copy of a will from the Find a Will website. In the meantime, as I am tired of waiting and a bit frustrated (!), I was wondering if anyone could answer my questions?

In a nutshell, I have been told in an email by the Executor (who I have never met) that I am named in the will and that probate has now been granted.

But she says she is unable to give me any more information at all as 'a final figure has not been reached yet'' (I don't know if I am a residuary or pecuniary beneficiary for example).

Am I right in thinking that there are 3 possibilities:

1. I have been gifted a set sum but there may not be enough left in the estate to pay for it?
2. I have been a left a portion of the estate after all expenses / tax have been paid but they still don't know what that is?
3. I have been left some stocks or shares which need to be sold by a specialist so nobody has any idea what they are worth yet?

I do know that if you are not a residuary beneficiary you are not allowed to see will before probate but now that probate has been granted, I thought things might be a little clearer. Or have I got the wrong end of the stick?

Thanks!

No, you are not right.

Executors do not have to distribute the estate until one year after the death. This is often referred to as the "executor's year". It allows them time to get all the information they need about assets and debts. The executor certainly shouldn't distribute anything until at least 6 months after probate is obtained if there is any possibility that the will may be challenged. Even after the year is up, the executor may delay distribution if there is a good reason such as an unresolved Inheritance Act claim.

Until the executor is ready to distribute the estate, any information they give about your inheritance may be wrong. They may discover other assets which boost your inheritance or debts that reduce it. The fact they won't give you any information tells you absolutely nothing about your inheritance.

@prh47bridge Thank you, this is very useful information

Although the will is now a public document so you could get a copy of that and see in what way you are mentioned.

Also probate cannot be applied for unless there is at least a rough idea of what is in the estate, so someone somewhere would be able to give you an indication of what you might receive. Some executors would want to be helpful. Others might not be helpful at all.

It may be that they're waiting for tax clearance after probate which is taking bloody ages at the moment.

I was wondering if I could have opinions now that I have a bit of an update:

Previous info - I was told in a very brief email that I was named in my godfather's will but had no idea whether that meant a vase or a sum of money. The Executor told me in the summer that they couldn't give me any more details.

I finally got a copy of the will from the Government website and I am a residuary beneficiary for 50% of the estate. The will is not complicated - bascially the estate is the house and a small amount of savings.

The other 50% beneficiary is the Executor of the will. I emailed her a short message last month to ask if there were any updates and she hasn't replied yet.

It has now been over a year since my GF died and over 6 months since probate was granted. However, I can see online that my GF's house is on the market (he lived 100s of miles away from me. Obviously no funds could be released anyway until it is sold.

Should I just wait and try again to contact the Executor when I see the house has gone off the market? Or should I contact them again and ask to see the Estate accounts and risk looking like a bossy arse?

I'm just a bit concerned as to why this person is not being a bit more open with me.

Thanks!

I would wait until the house is sold. They can't finalise the estate until that happens.

Hmm, sounds like they're not being very helpful. Do you know them? Do you get on? Are they cross you're also a beneficiary??

No, I don't know her. I spoke to her briefly at the funeral but that's all.

Hello - update on this thread.

My godfather's house was sold in March (according to estate agent's website) and is now off the market.

I have heard nothing from the Executor of the will about a potential timeline for distributing the estate. They have never acknowledged that I am a residuary beneficiary and I have had nothing but a short email from her nearly a year ago to say I was named in the will. She has not replied to another email I sent asking for updates.

I only know I am a residuary beneficiary for 50% of estate because I got a copy of the will myself online after probate had been granted.

I believe that I am entitled to some information at this stage - even if it's to say "There is nothing left after sale of house due to gambling debts etc. Sorry!"

But what do I do? The Executor may ill with Covid or have a relative in hospital and I will look like a mercenary cow? Do I give up? Do I get solicitors involved at vast expense when there's potentially no money left anyway?

If you only know it was sold in March from estate agent, I'd assume that was when the offer was accepted and it was taken off the market. In which case you can't expect the estate to receive any money for possibly months. Or do you know for certain it completed in March?

Frankly, leave it alone. Unless you have any reason to think you're going to be defrauded stop hassling the executor. There's nothing they can do to speed things up and they owe you nothing in terms of explanation.

I do know for certain that the sale was completed in March.

And I have only sent 2 short emails in over 18 months which I don't really think constitutes extreme hassling

But yes, I know these things take a very long time so I should probably just wait another 6 months and then send a third email.

I see that you are a residual beneficiary and you do have certain rights, especially as probate has been granted. You can ask the executor for up todate accounts of monies that have been collected from the Estate and outgoings. Executors are responsible for keeping the estate accounts and should be made available on request if a residual beneficiary asked to see them.
We have recently asked one of the co executors of my father’s estate by letter and email, for this information.

I would send another email, bearing in mind you know the house is sold. You could always mention that you know it's sold and ask what is left to tie up.

Would it also hurt to ask if the agent has had their commission yet? I believe they receive it on completion.
They might not tell you but you never know. The solicitor handling the sale would also be someone to contact if you could find out who it was perhaps via the agent. You could also ask the agent to tell the seller that you had called and was enquiring if the sale had gone through yet. This might prompt the seller to reply to your emails.

To be honest, in your shoes I would send the executor a quick and to be the point email telling her that as the will is now a publicly accessible document, you have seen a copy and therefore are aware that you are a residuary beneficiary. I would ask for an up to date copy of the estate’s accounts and an estimated timeline for the distribution of the estate. I would politely but firmly make it clear that a response is expected and that if nothing is received then you will be consulting a solicitor given the time that has now elapsed and the lack of information that you have received. She may just need a kick up the bum or she may be trying to pull a fast one. You don’t know her, it doesn’t matter what she thinks of you.

Does the probate not show which solicitor did the application? You could contact them. Or did she do it herself?

She's on shaky ground as she has a duty to the estate and to the beneficiaries.

If there was no solicitor I would instruct a solicitor yourself to send her a letter reminding her of her responsibilities. It shouldn't cost more than a couple of hundred quid (her address will be on the grant of probate).

Yes I'd get in touch, with or without a solicitor, and let them know you know that half the estate is yours, that you've seen the will, know his property has been sold, ask to see the Estate accounts, and ask for an estimated timeline to receive the inheritance.