How long should a typical probate take ?

[hopkins]

Just wondering as i am just going to start the process. He had quite a few investments and properties. Should i just hand it all over to a solicitor ? I know it will cost money but i presume it will make it easier. The executor is talking about doing it herself and that it could take up to a year ! I think that is a bit long.

Any advice would be helpful.

 

[Barrel of Fun]

Does the executor have any experience in the field?

I would be minded to go with an expert.

 

[hopkins]

Does the executor have any experience in the field?

I would be minded to go with an expert.

No she doesnt. It may be a labour of love for her but a nightmare for us.

 

[BensGrandad]

Is there a time limit on obtaining probate ie most debts cant be chased if 6 years pass is it the same with probate or could you apply for probate say 10 years after a person has passed away.

 

[Barrel of Fun]

No she doesnt. It may be a labour of love for her but a nightmare for us.

Ah. In that case I would recommend using a solicitor. If you want to get things over and done with. Apart from anything, mistakes can be costly.

Sorry to hear of your loss.

 

[Barrel of Fun]

Is there a time limit on obtaining probate ie most debts cant be chased if 6 years pass is it the same with probate or could you apply for probate say 10 years after a person has passed away.

Why would you want to wait 10 years?

 

[Super Steve Earle]

Just wondering as i am just going to start the process. He had quite a few investments and properties. Should i just hand it all over to a solicitor ? I know it will cost money but i presume it will make it easier. The executor is talking about doing it herself and that it could take up to a year ! I think that is a bit long.

Any advice would be helpful.

.
Took me 6 months start to finish with one house, a few bits and bobs and contacting all the appropriates. I work in a bank, I'm used to formfilling & have better thann average knowledge of investments & property matters. A relative of mine died last October with a few more investments, but one property and a bit of land. Solicitors still stringing it out 12 months later at £185 per hour & costing about £12k so far in fees. Hope that helps.

 

[Silverhatch]

If you know where all the investments, bank accounts and assets are then it's doable but it does take time. If the estate is going to be of interest to the taxman then it's more complicated but still doable if you're confident with endless forms.

If you use a solicitor then just be prepared to pay.

 

[Barrel of Fun]

Actually, take my advice with a pinch of salt. I seem to have been a bit of a pessimist and working on worst case scenario.

I shall speak to a relative (an ex-solicitor) who dealt with probate, commercial property and a whole host of other things.

He is not an ex because he is not very good, he left his firm to practice employment law (if ever you need advice on that front).

 

[Lord Bracknell]

If the estate is simple ... do it yourself.

In my experience, HMRC can be very helpful. As can most financial institutions.

 

[beorhthelm]

He had quite a few investments and properties.

as i understand it, probate isnt finished until the taxman's bill is determined and paid. so if money is in property you might have to wait a while to sell in order to have the cash to pay the tax due.

 

[Lenny Rider]

Just wondering as i am just going to start the process. He had quite a few investments and properties. Should i just hand it all over to a solicitor ? I know it will cost money but i presume it will make it easier. The executor is talking about doing it herself and that it could take up to a year ! I think that is a bit long.

Any advice would be helpful.

Phone Mandy Tourle at NLH in Worthing, mention my firm, Ian Hart Funeral Service, you will get an initial hour with her which is complimentary, she will answer all your questions and help you with the process.

All the best

Harty

 

[hopkins]

Thanks for the replies everyone. Some good advice which i shall certainly take up.

 

[Alex Alex Dawson oo! oo!]

My father died intestate; it took a fair bit of my time but I had everything sorted and probate granted in about 14 weeks, including the widow's pension for my mum from his former employer. The DWP were brilliant and HMRC were very helpful throughout, as LB also seems to have found.

Sounds a bit morbid but if you're doing the probate yourself, get plenty of death certificates when you register the death.

 

[Seagull Stew]

as i understand it, probate isnt finished until the taxman's bill is determined and paid. so if money is in property you might have to wait a while to sell in order to have the cash to pay the tax due.

I think probate can be granted even if money is in property as it's based on the value of the property at the time of death not at the sale value of the property.

This was the case five years ago anyway. My father (who passed away) had interest in properties and probate was granted within nine months but it took about two years for a clearance certificate to be issued from Capital taxes, which is an indication that they are satisfied with the tax position based on the information given.

 

[Dickyboy]

If not complicated and undisputed you are looking at about 3 months

 

[Jimbo.GRFC]

Hopkins

So sorry to learn of your loss and offer my deepest sympathies. Lost my father just over 2 years ago and have to say the probate team based at the county courts in Edward Street were probably the most understanding and pleasant group of people I have ever met. They certainly know how to treat people during these difficult times.

Its hard to go through this, brings back personal memories, but if you can try to create a list of the issues you need looking at. Visit the probate office (best to book an appointment) and they will run through it and offer advice initially for free based on that information, and though fee's will be applicable at at some stage it will be nowhere anything like the legal fraternity will try to charge you once they get their meter running. Of course, if this proves to be more than you can deal with at this sad time you always have the legal practice option to fall back on.

Hope that may in some little way help you at this time.

I wish you well and God Bless !!

 

[blackprince]

Just wondering as i am just going to start the process. He had quite a few investments and properties. Should i just hand it all over to a solicitor ? I know it will cost money but i presume it will make it easier. The executor is talking about doing it herself and that it could take up to a year ! I think that is a bit long.

Any advice would be helpful.

Unless I am missing something, if there is a will with a named executor who is willing to obtain probate, albeit anticipating taking approximately 12 months in the process, I don't see how you have the legal authority to hand it to anybody. There is a strict hierarchy of who can obtain probate and an executor who is willing to do so sits at the top of the pile.