Length of time for Probate with Solicitor

SickandTired

Registered User
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10
My father passed away in January this year.
There are 4 of us who are the benefactors of his will.
My sister is the executor.
There is only the house (worth about 250k) on the will. There is no money or anything else.
We applied for probate through a solicitor in May.
The solicitor came back and asked for all documents needed to make the application.
In July the solicitor came back and was looking for affidavits from the witnesses to my fathers will.
We provided these within a day or two.
We have heard nothing since. Is this a normal amount of time?
We have called the solicitor who just keeps saying it will be done when it's done or it's still pending.
The probate office will not deal with us because we made the application through the solicitor.
Any help appreciated.
 

elcato

Moderator
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3,537
I would say that May to November (6 months) is very optomistic regarding the probate finished. What is happening to the house ? Is he doing the conveyancy for the change of title or the sale of the house if needed ? Has the executor given the valuation of the house to your solicitor ? There is lots of paperwork involved in getting the case ready for probate.
 

SickandTired

Registered User
Messages
10
I would say that May to November (6 months) is very optomistic regarding the probate finished. What is happening to the house ? Is he doing the conveyancy for the change of title or the sale of the house if needed ? Has the executor given the valuation of the house to your solicitor ? There is lots of paperwork involved in getting the case ready for probate.
Thanks for the reply.
The solicitor has all the paperwork necessary. Including valuation.
Regarding the house, there is a buyer in place for when probate is completed. This is also with the same solicitors.

I didn't think 6 months was optimistic at all. After looking at the probate grants issued, most have dates of issue less than 5 months from date of death. So even shorter in regards to application time.
 

mathepac

Frequent Poster
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7,246
Regarding the house, there is a buyer in place for when probate is completed. This is also with the same solicitors.
That gives me an uneasy feeling about conflicts of interest. Do you mean to say that the same solicitor is representing the seller, your late father's estate through the executrix, and the buyer of the property? If so s/he cannot provide independent advice to either party. I'd cancel all dealings with whoever the solicitor is.

My condolences on your loss but might I ask what delayed addressing the estate between January and May? I know it must have been a difficult time for all of the siblings.
 

SickandTired

Registered User
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10
That gives me an uneasy feeling about conflicts of interest. Do you mean to say that the same solicitor is representing the seller, your late father's estate through the executrix, and the buyer of the property? If so s/he cannot provide independent advice to either party. I'd cancel all dealings with whoever the solicitor is.

My condolences on your loss but might I ask what delayed addressing the estate between January and May? I know it must have been a difficult time for all of the siblings.
No, sorry I may have worded it weirdly. There is no conflict. I was just mentioning that there is a buyer for the house in waiting, and the solicitors we hired for the probate, will also be handling the sale of the house on our behalf once the probate has finished.

Regarding your second question, I just don't think we were ready to start that process.
 

Clamball

Frequent Poster
Messages
162
My mother in law died 18 months ago, so it was almost 3 months later when probate was applied for and the house was put on the market. Probate was granted 4 months after application and it took almost 6 more weeks to finalise sale. There was lots of over and back the whole time, with fair deal, revenue, local property tax, household charge etc. The executor was on top of all paperwork, but it still was a tedious process. The solicitor said 4-6 months for probate, it was almost 4 months to the day.

Has the executor signed the probate application paperwork, has it all been sent off for probate?
 

SickandTired

Registered User
Messages
10
My mother in law died 18 months ago, so it was almost 3 months later when probate was applied for and the house was put on the market. Probate was granted 4 months after application and it took almost 6 more weeks to finalise sale. There was lots of over and back the whole time, with fair deal, revenue, local property tax, household charge etc. The executor was on top of all paperwork, but it still was a tedious process. The solicitor said 4-6 months for probate, it was almost 4 months to the day.

Has the executor signed the probate application paperwork, has it all been sent off for probate?
Yes all paperwork done and signed off and no word since July. Maybe it's coming close to the end. Now
 

AlbacoreA

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3,466
In the current situation a lot of banks and even the probate office either shut down, or reduced staff so everything took a lot longer than normal. Likewise with solicitors. Shop around.
 

Jayom75

Registered User
Messages
110
I’m not sure about how covid has affected the efficiency of the High Court Probate Office but I do know that the High Court Central Office is experiencing delays. You should ascertain from your Solicitor whether he/she has applied for Probate and if so, what is the projected timescale.

If not, you need to find out what the delay is.
Has the Executor sworn the Inland Revenue Affidavit? This is submitted to Revenue and needs to be returned by Revenue before an application for Probate can be made.


Why did the witnesses need to swear Affidavits? This usually arises because of an issue with the content or execution of the will (usually minor, and sometimes because the issue has been spotted by the Probate Office).
 
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