executors dragging feet over Will?

[Kristal53]

Hi -this is a follow on question/update from a previous question a few months ago. My second cousin died three months ago, with a Will , and my original question was to ask how long it normally took to advise beneficiaries. Well on advice I contacted the Solicitors involved and found out that they are the Executors and were actually given Power of Attourney by my cousin a few years ago to deal with his affairs (not quite sure why). There is a house to sell -at least one -and what else I have no idea but could be quite involved -stocks shares etc as he was quite well off. The only thing i was told was that the Will had not yet being given Probate and beneficiaries will be informed when the Will becomes public. I was also told that if i need to sign anything they will be in touch. My contact details were given to a nieghbour of his who cleaned for him and was helping sort his affairs -he lived over 400 miles from nearest relatives -and the neighbour told me she thinks the solicitor is not terribly motivated -maybe he is holding large funds that belong to the Estate - I don't know. Anyway -my questions are: Is it not reasonable to assume that Probate can be granted within 6 months - and if i think the solicitor is indeed treading water, what procedures if any can I take to complain?

[factor-fiction]

I am not sure that after 3 months you can say they are 'dragging their feet'. It is important for the executors to identify all assets and creditors and the whole process can take some time. I recall that it is not considered unreasonable for executors to wait for 12 months before distrbuting assets.
How certain are you that you are a beneficiary? You could always check with the executors. If you are not then it's not an issue anyway

[factor-fiction]

The process will also take a long time if Inheritance Tax is involved, which may be the case here.

[bednobs]

have to say i agree - wills can take a notoriously long time. You can put in a standing search with probate, and when it is granted probate they will contact you.

[Kristal53]

@ mark - there are only 4 living relatives, including me so unless he has left everything to a dogs home I'm pretty sure I am a beneficiary -he asked for my name and address and those of my siblings a few years ago "for legal reference". I have asked the Executors directly if I or my siblings are beneficiaries and the say that information is private until probate is granted.

@ bedknobs -thankyou for that info I will probably do what you suggested

[factor-fiction]

Hi -who's mark? Where it says "mark as best answer" that's not my username- it's is an option you are given, but please click it for my answer as the AB ed is producing a league table of 'best answers'

I think it may well take at least 6 months, nearer 12 if there are Inheritance Taxes to sort out first and maybe a house sale to sort out

[dzug2]

Executors traditionally have a year before they can be called to account for being slow - and even then it's often a question of it's as long as it takes'

It's still not unreasonable to expect probate to be granted in 6 months though - but don't expect anything to happen quickly to happen after that. The shares shouldn't hold things up but the property will - things take time to sell at the best of times

[dzug2]

<<". I have asked the Executors directly if I or my siblings are beneficiaries and the say that information is private until probate is granted.>>

Not strictly true - they can share that information if they wish - but they don't have to.

The solicitor is unlikely to be holding large funds that belong to the estate - until probate is granted he can't collect them in