A will query

We are currently dealing with the estate of a relative who died in February.

There have been unexpected complications, which mean that probate has only just been granted.

The solicitor (not acting as executor) has advised waiting at least six months from grant of probate before paying beneficiaries.
However, this advice might be linked to the 'complications', rather than a general rule of thumb.

I'm a joint beneficiary on a simple estate. Probate granted 4 months ago & an interim payment made around 1 month ago. Still waiting for the conveyancing solicitor within the firm to get their act together & sort out the property transfer to me and the other beneficiary due to heavy workload !The executor is lazy and can't be bothered to chase things up or update us.

I don't understand either - surely payment is made upon completion? We sold my in-laws house after their death and the money came through upon completion - as it would with any other property. Or am I missing something - as Eddiecat78 said?

Once probate has been granted completion can go ahead surely? That is what happened in the case of my mother's estate, though we had to exert pressure on the solicitor to make it happen.

The shortest time for probate that I have heard of was achieved by my next door neighbours’ daughter and her dh. They did it all themselves and it was a matter of a few weeks. and cost a fraction of the amount that a solicitor would charge. If you have a good solicitor and not one that sits on things then a matter of months probably.

DM and DMIL were both in similar situations care home no property cash in straightforward bank accounts no IHT. DM took about ten weeks (DIY) and DMIL took nearly twelve months (still had to do most of the work ourselves but were charged by the solicitor for the privilege)

Assuming all liabilities have been paid including any IHT due, I'd have thought the executors could make an interim payment to the beneficiaries with the balance payable on completion of the sale of the house.

My father died with only cash in the bank as assets. I did probate myself as quickly as possible having access to all of the information. He died at the end of November. I had the cash distributed by the end of April...but had to wait for HMRC to confirm they had no queries until mid June. I still have to make payments for the gravestone adjustments and placement and presumably if a solicitor is dealing with everything they can't finalise the distribution until everything is completed...for me probably December. I was a chartered accountant so was confident in doing the process but as this demonstrates it can take a long time.

The executors can make interim payments before the estate is finally settled. I’m not sure here whether the solicitors are the executors, or acting for the executors.

Obviously, money cannot be paid out before it is received into the Executor’s account but if bank accounts have been closed and the balance transferred, and any costs like funeral expenses and IHT have been paid, it should be possible to make an interim payment if somebody needs an advance on their inheritance.

It is only straightforward if the companies involved are efficient and helpful.
I did not need probate when my DH died but it took the mortgage insurance four months to pay off the mortgage, during which time I had to continue paying it.
It took my DH's employer three months to pay his final salary and seven months to pay his death in service benefit.
I had to repeatedly chase both companies.

eddiecat78

Surely as probate has already been granted it should just be a matter of waiting for the proceeds from the house sale to be available - which should be as soon as Completion takes place. Plus any money in bank accounts becoming available which should be shortly after the banks see the Deed of Probate.
Or am I missing something?

Quite simply. Many estates are a lot more complicated than that, even those of elderly people who have lived quiet and blameless lives.

eddiecat78 it depends, my Mum’s estate was tied up in various bonds and other investments that took time to release.

it is as long as aa piece of string. All probate does is say that the value of the estate is accepted by the government and all taxes owed have been paid.

It is only after probate is granted that any of the assets can be sold. There could be shares and financial assets to be sold, valuable contents to be sold, a property to be sold.

Not all assets are easy to dispose of. My uncle had a large share in a private company where the other share owners had first dibs and all sales had to be agreed by the board of directors.. that took years tos sort out.

If all the deceased owned was cash in the bank and no other assets, distribution could be in days. If like above there are complicated assets to dispose of, or beneficiaries that cannot be traced, it could take years.

Why not contact the executors or their solicitor and ask.

My probate solicitor was great. We had all of the paperwork prepared before my father died. The house had been sold a year before and he was in a care home. The home was five hours drive from where I live so everything had to be in order.
It took her a week to complete the paperwork and three and a half weeks later she phoned me to say that she had received the deed of probate.
This was sent to my father’s (and mine) bank and when I called them to ask when the transfer would be made from his account to mine it was done almost immediately. I was the sole beneficiary so it was a simple process.
The whole process completed in a month.
My solicitor did say that this was the fastest she had ever known and the paperwork must have landed on “the right desk”.

Surely as probate has already been granted it should just be a matter of waiting for the proceeds from the house sale to be available - which should be as soon as Completion takes place. Plus any money in bank accounts becoming available which should be shortly after the banks see the Deed of Probate.
Or am I missing something?

Feel as if I’ve done quite a bit of the solicitors work for them!

I think it can be a lot longer than that. Depends upon how quickly the solicitor or Executor works.

4 to 5 months sounds about right…….cannot remember exactly how long matters took after my dad died and his house took longer to sell that anticipated but all the legal, banking and investment business was settled quite quickly

Not sure with my Mum’s, no property to be sold, I think 4/5 months.

It’s four months and probate has been granted awaiting news. Similiar situation.