Should solicitor be keeping me informed re probate application?

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A close relative died recently. I am the relative’s next of kin and a main, but not only, beneficiary of the estate. Solicitors are the executors. I have asked for an update with regards to the progress of the probate application several times and received no reply. I suspect that the application has not yet been submitted for some reason. I understand that these things take time but should the solicitors be keeping me informed? I feel frustrated because of the lack of information. It’s been six months now and I have the worry of my relative’s property to maintain and safeguard. I would like some indication of a timeframe.

You should be able to check online to see if it has been submitted, I think.

You can check on the govt portal for probate progress although once they receive it it just says its being checked until it says its complete which you are notified about anyway!
Not sure if this will be the same if you didn't apply yourself.
We applied for probate last summer and it took about 4 months to come through. We did it ourselves though.

You can market the property before you have been granted probate if you are selling (we did). Just not complete on it until you have the necessary paperwork.

No, solicitors are not obliged to keep beneficiaries informed.

Any contact they make is going to be chargeable so it really isn't wise to have constant updates, especially as giving an update often triggers a response which requires further explanation and contact... and more chargeable time.

They will tell you when they have something to tell you.

If you're not the executor it's not actually your responsibility to insure and maintain the house. Maybe if you asked them to do it they might be spurred into action or at the very least discuss the upkeep of the property

It takes time to collate all the information for the IHT forms. Once the IHT forms are received, HMRC need to generate a code which can take up to 4 weeks. Once the solicitors have the code they can apply for probate, which is currently taking a couple of weeks if submitted electronically.

Do the solicitors know that you’ve taken on responsibility for maintaining the property?

you can only check progress if you submitted the application yourself.

It’s the executor’s responsibility to look after the property. Has insurance been arranged?

Thank you for your responses.

@Sortin With regard to the property, I am assuming responsibility for it. I’m not sure how the solicitor could monitor it on a day by day basis. It’s isolated and I’m worried about burglary, vandalism etc. I will be the beneficiary of it eventually so I do have a vested interest. I live in another part of the country so it’s difficult.

Have you got insurance specifically for empty properties?

They're taking their time for sure. I used a well known company's legal services division to do probate when DH died last year. They sent me loads of forms to complete, and there was a lengthy phone call to gather further information, but they submitted the application and probate was granted all within 4 months.

Could they be stringing it out so they can charge more?

You can check online if it’s been granted - but not if it’s been submitted.

re the property. Don’t do that. Let the executors sort it. The money comes out of the estate for that sort of thing.

but they don’t have to provide updates. Some will, some won’t. But every email etc will be charged.

It can take up to 6 months to gather all the info needed for probate.

anyone can check if it’s been granted though.

As it stands currently, there is nothing you can do about anything. Every time you contact the solicitors, if they respond that will cost money from the estate. The executor has a responsibility to manage the property, not you. You will receive the remainder of the estate once the property is sold - as you’re not the executor, you can’t do this yourself, the solicitors will have to do it. The timescale you’re looking at is around a year for probate to be complete via a solicitor. They have to check if IHT is payable, if there are any debts that need paying, if there are any people who may put a claim in on the estate. You’re just going to have to be patient I’m afraid.

Sadly, OP, your situation is an illustration of exactly why appointing solicitors, banks, or other professional third parties as executors is best avoided, if possible.

If an estate is relatively simple, beneficiaries are often more than capable of obtaining probate within a reasonable timescale; the guidance notes provided by HMRC (if IHT is payable) and the Probate Court are a bit long-winded, but very helpful.

As long as the property is adequately insured, there's not very much you can do to expedite the process other than chase the solicitors, bearing in mind that, generally, every call you make and written contact (letter or email) is recorded and subject to a charge.

Thank you everyone. Not knowing anything is frustrating but I’ll just have to be patient. Since my last two requests for an update have been ignored, I’ll stop asking and wait for contact when there is a development.

Unless it's a complicated estate it doesn't need to take long at all. The problem is that solicitors are never in any rush. A NOK as executor has only that one thing to focus on. I did my mother's estate in under a month. Some bank accounts, a property, various pensions and small investments.