Probate... settling a debt

[ambassabuild]

We carried out a bath room conversion into a disabled wet room, it was all finished and everyone happy, we did not take deposits etc, as we have worked for them before. Unfortunately before payment was made the customer died, we were asked to wait as things were going to probate, we have now waited some three months. It is for over £7000 I feel we are being given the run around. We did not want to get "legal" over it because of their loss!

[Barmaid]

Unfortunately, it can take far more than 3 months for probate to be granted (if probate is required, it can take a long while, depending on the assets in the estate and how quickly the executors act).

Have you established who the personal representatives are? have you written to them? Tbh if it is only 3 months since the deceased died it is early days yet.

I would suggest you enter a standing search at the probate registry. you write to the P Registry giving name, address and date of death of deceased and ask for a search. Once probate is granted you shoudl be sent a copy of the grant of probate (this is the document which is stamped by the Court authorising the executors to act, it also means they can go about collecting in the assets). Once the grant has issued, it shouldn't take too much longer.

[woofgang]

You can ask them how probate is going..depending on the estate, it can take 3 months or more to get everything settled. My husband's probate got delayed because the company that he had a loan with took their time in sending the outstanding loan calculation and I couldn't go for probate without being able to state what the estate's liabilities were. His affairs were fairly simple and it still took 2 months because of the loan people. They reassured me that the interest was frozen and they weren't in a hurry for repayment, I don't think they realised that their intransigence held up everything.

[factor-fiction]

Someone may know if there is a time frame by which probate has to be applied for. As executors are often doing the work in their spare time and some affairs may be difficult to untangle, I can see it could take a few months. Then gaining probate and then getting hold of the assets takes time.
So it can certainly take more than 3 months. If the deceased didn't have much in the way of funds but had shares or a property then you would have to wait for these to be sold.

[factor-fiction]

I think we were all typing at the same time- Barmaid and Woofgang were faster than me

[Barmaid]

There is no time frame in which probate has to be applied for.

THe only time limits which may assist are that if IHT is payable it becomes payable 6 months after death.
Otherwise, no creditor or beneficiary is likely to be able to enforce administration before a year (traditionally the executor's year) has passed.

[HowardKennitby]

Have you found out who the executor(s) is/are? Do you know if they are aware of the debt?

[jewellerjim]

god help you if they hadn't got a will - it could take up to 2 years

[ambassabuild]

Thanks for all good guidance, we had been told who executors are and at first call were very sorry for inconvenience, so we left it for 2 months, I only have a mobile number and have text politely, but get back a short "will let you know" but nothing else.
Should I send a firm letter and ask for answers?
Thanks again All

[jewellerjim]

there is not much you can do - do you know if they are using solicitors? Write and ask them if they are so you can lodge a record of your debt - they may not be though. but there is no alternative but to wait for probate - it is not an executors responsibility to pay debts out of their own pocket and money cannot be distributed from an estate of the deceased until probate is granted which as people have said takes as long as it takes. I am so sorry for your situation but it just cannot be sorted quickly in my experience.

[HowardKennitby]

^

Agree with J-Jim

All you can do is identify the executors and lodge your claim, then you wait.

[sunny-dave]

Just a thought - this is going to affect your cashflow and (potentially) you may have to borrow to 'fill the gap'.

Can one of the legal eagles here advise the OP as to whether he can add interest to the debt to cover his costs ?

[Marsons]

I know of a case where a will was contested and it took nearly 3 years before it was settled.
As it happens there was a builder who was owed nearly £10,000 and nobody would pay him until they knew who would get the house.
I also know of a case where a house was willed to the only son and some partner of the father thought she should have the house.
It took nearly a year for the matter to be resolved and the son had to go to the house every week to mow the lawns etc.
The partner who was contesting the will did nothing.
I inherited my fathers / mothers estate and everything went well. The probate was through in 2 months and I had the house in my name about a week later and all his money about 2 weeks later except for a tax rebate.
This took nearly 3 months after the probate was granted.

Marson

[ambassabuild]

Thanks to you all, I will get back in touch with the daughter (exec) and get her solicitors details, if there is one involved! may need some more guidance! Thanks again..