Solicitor dragging heels over probate application

[Rockschooldropout]

My father sadly died six weeks ago and I’m his only child and sole executor, only other relatives apart from my children are his elderly brother and sister (both in their eighties )
mum and dad divorced 44 years ago

In my grief stricken state my DM suggested I use a solicitor to look after the estate and apply for probate so I appointed one a week after dads death and got back to them within a week with the value dads estate (approx 400000) His house and remaining estate after beneficiaries are paid goes to me so no IHT is payable
it’s straightforward , a bank account and savings account (already released to me and in an executor account ) Premium bonds , quite sizeable and released already but in the same account until probate is granted , plus the house and a building society account which requires probate .
I passed these figures over weeks ago , yet when I rang today with a query the solicitor said he was waiting for my information gathering to apply for probate , I reminded him I’d done this and he was quite short with me and said he’d need to prepare the paperwork and get me in to sign it .. I can’t believe this hadn’t been done already !
Im wishing I’d just put the application in online now as I realise I could have done this easily , Can I tell them I’m applying myself ?

I’m not sure how you stand with cancelling the process with the solicitor- what have you signed? Check the terms and conditions.
But doing the process yourself is v straightforward.

You could email the Solicitor and tell them to stop all work immediately and bill so far, shouldn't be much and then DIY.
I did my Mums and it wasn't difficult, took ages to be granted though

I haven’t signed any probate paperwork as of yet .. This is what they are telling me I’ll need to sign .. when they finally prepare it .
I signed a contract as usual agreeing to them acting for me in any matters as I really wanted the legal back up due to DF having a lodger in the house at the time . However the solicitor asked me on one occasion if I wanted to apply for probate myself or get them to do it

This is why I want to get the application in asap as I’m expecting it to take forever , I don’t know how true this is but I’ve read that online applications seem to be quicker than paper ones

That’s not necessarily true. Make an appointment to see the solicitor to complete paperwork, then start getting the house ready to sell. You can do this without probate.

Yes I’ve asked for an appointment but they are refusing saying they aren’t ready to apply yet !
The house is a large period property in need of major refurbishing so it is cash buyers or auction only so there isn’t the urgency there

Hopefully my experience isn't normal but it took our solicitor 10 months to submit everything for probate! My dads estate was quite simple too so no idea why it took so long. I had sent them everything they needed but didn't have the headspace to try and do it myself. Wishing that I had in hindsight.

I think then it was around 10 weeks for it to be approved.

I did my dads , it took about 4 months to settle everything

I've just had my late dad's probate come through - took less than 6 weeks from submitting the paperwork (which had taken around 4 months to get all shares valuations / balances in) - so it is much quicker than it has been. All done online.

Took solicitor for my dad 3 months to apply. Registry currently saying minimum of 16 weeks.

Oh my god that’s shocking !
Im feeling now that I may just tell them I’m going to do it myself as they’ve had all the balances etc for 4 weeks now .. and not even started on the paperwork

Has the solicitor had to repay any “unused” pension, attendance allowance etc?

No , nothing , the solicitor at this point has done nothing accept ask for the original will , speak to me on the phone a couple of times and tell me to get the house valued .
I have done everything else , I notified everyone , dealt with any outstanding bills etc (minimal ) no debts , and I’m actually owed his last civil service pension payout . Everyone has been notified as me acting solely and I realise now I could probably just apply for probate myself

My friend and I went through probate recently at the same time. She used a solicitor and it took 15 weeks, I did it mine myself and it took 17.

I think it’s more the fact that he hasn’t even started the application process which is infuriating, given he’s had the information for 4 weeks

As a solicitor myself, I would be furious that they’d done nothing for 5 weeks (on the face of it). You’d be well within your rights to ask for an invoice for time expended to date (with detailed narration), pay the bill, and get all your paperwork back. You can then do it yourself or go to another solicitor who has more get up and go.

DFs probate was sent off last year. It took 6 months for the probate office to acknowledge receipt, then they requested an additional form, and in total it took 40 weeks from the original submission to grant probate. The delays just add to your stress levels at a time of intense grief.

Firstly, sorry for your loss

Like PP, i agree about cancelling with solicitor if you can and doing it yourself

DMum died mid Feb and similar to your DDad, had just her house, bank accounts and some shares.

No complexity to the will, of which I was sole executor basic 50:50 between me and DBrother.

Solicitor quoted me £3500, so i thought I'd give it a go myself. Shares part was a little tricky, but eventually I applied for probate on 8/4 and Grant of Probate was completed 2/5.

Good luck x

Sorry for your loss.
Probate can take ages. My mother died in 2020. One will, one mortgage free house, one beneficiary.
Took 2 years through a solicitor.
Had I known then, I'd have done it myself, but I didn't.
So I'd also advise you if possible to ditch the solicitor and do it on your own.

Well this is bizarre ! After requesting an appointment.. I’ve been called by a solicitor from one of their sister firms , quite firm saying why am I pushing about probate as she needs to manage my expectations that I should expect it to take a year .. I pointed out it would help if it had actually been applied for ! She’s insistent that she will send the paperwork off on Friday if I come in and sign stuff but I’ve lost faith a bit ! She said they’ve just had a director leave so are under pressure

Nothing to do with a director leaving, they are being lazy and no doubt charging you a hefty bill for something you have provided all the information for/done the legwork, bar applying yourself.

Cancel the solicitor & do it yourself online.

My thoughts exactly ! And the new solicitor I was passed to is immediately curt and unpleasant.. I could understand it if I’d been calling daily pestering them but the only times I’ve called are as detailed above and then today was the first day I actually chased the probate application .. the original solicitor was told two weeks ago that he had the paperwork in order to get the application in .. I’m furious .. I’ve just had to go back through everything over the phone again .. and she was quite insistent there must be business interests or stocks I hadn’t declared

cancel The solicitor as pp have said paying for any time they have spent. And complain, challenge the fees.
Do it on line yourself- the website will tell you how long it is likely to take- iirc it said last year to contact them after 16 weeks ( not before) if you’d not received anything. Ours tooK 17 weeks last year when I did it.

The only issue I have is they have dads original will , what’s the betting they’ll take two weeks to prepare a bill and refuse to release the will until then 😩