Inheritance

[Boymuma24]

Hello,

Anyone got any advice r.e. inheritance. We're due to receive some from my Grandfather who passed away early 2022. Probate granted November 2023. Does anyone know how long after probate we will receive our money? I'm obviously very grateful for the money, but this cash would mean I could remain on maternity leave an extra couple months and enjoy precious time with my newborn. I don't want to risk sounding ungrateful/entitled for asking for a time frame from the executor, but it seems to be a very long process given the will is an extremely straight forward split and all money is on one place with no debts to pay off or properties to be sold.

Thank you.

It’s strange that you haven’t had it by now. My DM died in February and beneficiaries had their money this month.

Is the executor a close relative?

If your grandfather passed away in early 2022 and the executor did not get probate until November 2023, well over a year after death, the executor is not being very proactive. The grant of probate should have been in 2022 and the estate should have been distributed long ago. You need to chase the executor.

A prudent executor would not distribute the estate until 10 months after the grant of probate has been issued. If someone were to make a claim against the estate, they have 6 months from the date in which the Grant is issued to commence a claim, and a further 4months in which to serve it. An executor would be personally liable if a claim was successful and they had already distributed the estate, so they are likely to be waiting to avoid any personal liability.
Whilst that does seem a long time for a Grant to be issued, there can be queries raised by the Court which can take time to resolve (and the Court is notoriously slow if an application gets put in the ‘stopped’ pile), so it might not necessarily be delays caused by the Executor. If you haven’t received anything by September time, you definitely need to chase the Executor to find out what’s going on.

"If someone were to make a claim against the estate"

It's rather more complicated than that. The 10 months thing only applies to those people who might want to contest the will. There is a very limited number of people that can contest a will. It is a different matter for any creditors that wish to make a claim against the estate

It is normal for executors to place a deceased estates notice in the press. Once this has been done then any creditors only have two months and one day to make a claim against the estate (in England & Wales not sure about Scotland)

Whilst there are things that can only happen after probate is granted, the normal schedule is what is referred to as the "executor's year", i.e. one year from the date of death. In this case, the executor hadn't even got probate in that time.

Thanks all, the executor is one of my aunties and the solicitor. He was very long in applying for probate. The issue is with him, every time they call to chase, he charges and only gives answers after being chased at least 3 times for the answer. Seems to be a very dodgy solicitor...