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Legal, pensions and money

Grant of Probate time frame

(10 Posts)
sarahcyn Thu 02-Sept-21 13:52:52

My mother died in March 2020. My brother and I (executors and sole heirs) still haven't been granted probate, nearly 18 months later. There is IHT to pay, and the estate isn't particularly straightforward, but we provided all possible information and did all the paperwork correctly. 18 months on and it's getting beyond a joke.
According to our solicitor it's HMRC just "being slow" and "dealing with a backlog". One minor query to do with a gift apparently was kicking around for months before being brought to the attention of the solicitor (who pointed out that the query had already been dealt with).
Yet, another family I know who are executors for a relative with a similar size estate who died in early 2021 have already been granted probate.
HMRC do not seem to have any incentive to process things more quickly. They leave families hanging on for months and give no explanations. The system is completely opaque and they seem to be totally unaccountable.
Does anyone here have a similar experience?

Germanshepherdsmum Thu 02-Sept-21 13:58:35

HMRC don’t grant probate, the Probate Registry does.

sarahcyn Thu 02-Sept-21 14:02:19

Now you mention it, it's not clear to us whether the delay is with them or HMRC...it's all so opaque.
Could the solicitor be doing more?

Germanshepherdsmum Thu 02-Sept-21 14:21:04

How would any of us know?! Ask him/her exactly what is delaying matters. But I do know there have been backlogs at the PR due to covid. The size of the other estate is irrelevant - it might have been much more straightforward than your mother’s, which you say ‘isn’t particularly straightforward’. A more complicated estate would go to a more senior person at the PR. Simple estates are dealt with more quickly for obvious reasons.

Silverbridge Thu 02-Sept-21 14:46:24

Have you and your solicitor calculated the amount of tax due? If so and you are confident that your numbers are correct you should be able to go ahead and apply for probate.

You enter HMRC as a creditor in the statement of assets and liabilities to arrive at the net estate.

You can do this so long as you and your brother agree to this and agree between yourselves that you and he will settle any extra tax liability that you hadn't accounted for out of your inheritance.

Solicitors may be reluctant to proceed in this way where there are multiple beneficiaries. If further tax liability becomes due after the estate has been distributed, who pays? But if you and your brother agree you may be able to go ahead. You could ask for some money to be retained in a holding account as a contingency against a tax assessment in excess of what you have calculated.

This is what I did with my late husband's estate when we could not get HMRC to agree or disagree with final business accounts and tax calculations as submitted.

sarahcyn Thu 02-Sept-21 14:50:16

@Silverbridge, thank you for this - useful suggestion.

Jaxjacky Thu 02-Sept-21 14:52:17

My mother died in September 2019, probate was granted by the probate office about 8 months later, our solicitor prepared and submitted the paperwork with our input. I’m surprised you mentioned inheritance tax, that has to be paid within 6 months of the death, or incur extra costs, we paid it on time. Monies from the estate were dispersed mostly in July 2020. Your solicitor should be keeping you informed, I have friends where probate has not been granted yet after 5 years due to family disagreements.

kissngate Thu 02-Sept-21 17:20:17

When Mil died 8 years ago I filled out the probate forms being the Executor. No inheritance tax however she owed money to HMRC and that had to be paid before probate was granted took around 5 months. HRMC forms were a challenge!

Deedaa Thu 02-Sept-21 17:24:54

My godmother died several months ago. I have just heard from her solicitor that probate has been granted and he has got all the expenses sorted out. Just waiting to get an estimate for her headstone before he gives us a final figure, Apparently Covid has meant quite a run on headstones!

Visgir1 Thu 02-Sept-21 17:33:10

My mother died last year. Not complicated Probate, just her Flat and money. We did it ourselves -
Forms went in, pinged back they had arrived, and to our surprise granted within 15 mins.
Unbelievable! Just needed copies of Death certificate/Copy of Will in return post.