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Probate timings

33 replies

Nitgel · 10/02/2022 15:29

Hi does anyone know how long probate is currently taking, for a very simple application.

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CorrBlimeyGG · 10/02/2022 15:36

We applied early December and it took approx six weeks for the grant of probate to be received.

Nitgel · 10/02/2022 16:00

what happens when you are granted it?

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CrimbleCrumble1 · 10/02/2022 16:05

A year ago it took just under four weeks. I then contacted my late fathers banks, sent them some documentation and they released the funds. I sold his property to a cash buyer. There was no Will so I split the money between my sibling and I.

CorrBlimeyGG · 10/02/2022 16:05

The executor needs to distribute the estate. Are you the executor?

Nitgel · 10/02/2022 16:08

Husband is executor. So once you get the grant its straightforward ,?

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CorrBlimeyGG · 10/02/2022 16:10

It depends on what is in the estate and how it is to be distributed? Is there a property to be sold, investments, bank accounts etc? Also remember they have to settle any debts, repay overpaid benefits and so on.

Has he applied for probate yet?

CrimbleCrumble1 · 10/02/2022 16:11

Yes my Dad’s estate was.

TheFoundation · 10/02/2022 16:13

When you get the grant you have access to the estate. Whether it's simple or not will depend on the will, for example if there's a bequest to someone who's moved address, it might take longer because you'd need to track them down.

Chase them. Chase the Probate Court. Chase HMRC. They kept losing my paperwork, one time for 3 months, and laughed on the phone when they told me.

Nitgel · 10/02/2022 16:17

We did it through a solicitor who has been crap to e honest. Never tell us anything. It's literally just mils bank account no other siblings as we had poa and had to sell her house to pay care home fees.

It's just a slow process as solicitor was off with covid.

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CorrBlimeyGG · 10/02/2022 16:19

Probate through a solicitor takes much longer, you're adding a middle man to a process you could have done yourself. Have they applied for a grant of probate yet?

Nitgel · 10/02/2022 16:22

i know, it's a really long story and probably not how to do it next time.

They applied at the beginning of Jan, but we have heard nothing since. It's a big London Law firm too that will probably want £££ for doing the minimum.

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Nitgel · 10/02/2022 16:25

we tried to get a local solicitor to deal with it, but MIL's solicitor was executor and he instructed this law firm to deal with it on her behalf. he then died. hence this law firm taking over.

DH didn't want to make a fuss and just wants it sorted but I feel we were misled along the way.

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FlamingGoat · 10/02/2022 16:29

We are just coming to the end here. It's been 6 months.

CorrBlimeyGG · 10/02/2022 16:30

Have you seen a copy of the will? Did it only name the solicitor as the executor, or your husband as well? Sadly I think some unscrupulous solicitors encourage clients to only put them down as it's guaranteed income.

They should be getting the probate grant back very soon, if not already. If they're not responding to you, look up their complaints procedure or the managing partner, and put in a complaint about the lack of communication.

Stropalotopus83 · 10/02/2022 16:32

Hi, probate secretary here Smile when we ring the probate registry we are currently being told a wait time of approx 12 weeks for the Grant. X

Nitgel · 10/02/2022 16:42

The will named the solicitor, this was done in the 90s when fil died.

The solicitor asked if DH would be happy to be the executor and she would then apply. which she did at the beginning of Jan, then no contact at all.

12 weeks Shock though we are 6 weeks so far.

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TheFoundation · 10/02/2022 16:47

I wouldn't worry about 'making a fuss'. From my experience nothing happened until I started making a noise.

HoobleDooble · 10/02/2022 16:50

I let the solicitor deal with my dad's last year as I'd just started a new job and was busy with my mum who'd also been hospitalised. It took about 9 months and involved asking me the same questions numerous times until I felt like erupting.

FredBair · 10/02/2022 16:50

If you do it yourself a few weeks.
If solicitors are involved a year or so.
Your DH could have applied for probate himself, there is no requirement to use a solicitor at all. It's really not difficult I've done it for various family members.
You gather together a list of assets and complete IHT forms and a probate application. If it was just a bank account you could do the application in a couple of hours.
Once it comes through you present it to the bank, they give you the money and you distribute according to the will.
Obviously might be different for a very large or very complicated estate.

Nitgel · 10/02/2022 16:53

Its too late now, but I know for next time how straightforward it is. Dh doesn't even like me emailing the solicitor but it's so stressful.

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ivykaty44 · 12/02/2022 07:22

Is the money in MIL bank account less than say £20k?

Nitgel · 13/02/2022 13:54

No more as we sold her house to pay care fees.

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grannycake · 14/02/2022 08:25

My MIL only had her bank accounts but this was more than £100k so we needed to wait for full probate for the bank to release the funds - applied online as the executor according to her will. This was about Jan 10th - received a query which I could answer 48hrs later and probate was granted last week. Now waiting on bank to release funds so I can distribute accrding to her wishes

Nitgel · 14/02/2022 10:40

that's quick, wish we had done it that way now

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FredBair · 14/02/2022 11:35

My mum died in February and I had probate 6 weeks later. It then took 6 months to sell her house but that was the only hitch.