Probate delays ?

H

huggybear

Guest
Hi All,

Newbie here....I do apologise if this question has been asked before, but I couldn't find it on an admittedly quick search. I am trying to help out an elderly colleague in poor health. Himself and the wife did up wills with a solicitor....the wife died and he is the sole benefically of her will. After much back and forth, we got the affadavit witnessed by an independent solicitor a few weeks ago. The probate involves some shares and some property. I know that the process is the the Revenue get it first, and then it goes to the Probate office, but how long should it take post affadavit stage....give or take. It should be relatively uncomplicated. I'm trying to reassure him but I think he is about to blow a gasket, but on the other hand, I would like to know if the solicitor is taking the mickey....apologies in advance to all solicitors here. Two years and counting seems like an awfully long time to get this done. Just trying to get a handle on how much long it could be

Thanks
 
Revenue can take a few weeks to process affidavit, then probate papers need to be signed. Once accepted by the probate office (dublin office), c. 4 weeks, give or take until grant issues.
 
2 years from when? If it took almost 2 years to get the IRA (inland revenue affidavit) prepared and sworn for a small estate that is ridiculous alright.

I would err on the side of caution and say 6-8 weeks for the probate to deal with it. At least it is in there, most of the battle is getting that far.
 
That seems mad! I arranged probate in about 6 months, and it only took that long as there were a fair number of accounts to get statements from.

Has he spoken to the solicitor about why it is taking so long? Once the solicitor has all the relevant information it should only take a few weeks.
Is the solicitor the executor? If not, should be fairly easy to take the business elsewhere or even do it himself.
 
Clubman

The initial step in an application for a grant of probate/administration is an Inland Revenue Affidavit, which is certified by the revenue commissioners -very much an irish query;)
 
Thanks to all for the replies. I'm very grateful to you all for taking the time. Will expect a resolution soon or I'm calling Doctor Marten out of retirement. Have a good weekend !
 
All depends on the individual circumstances. It's easy to give a knee jerk reaction and say two years is too long. But how long was it before the solicitor was given all the relevant information? ARe the titles to the property in order. Are any shares from a different jurisdiction. Generally a straightforward probate will take 6 months to a year to be completely finalised, but straightforward probates are few and far between.
 
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