Thankyou for your response....there was No winding up of any business, no paperwork afaik to be found a straightforward will house bank accounts life policy left by a meticulous parent who kept everything filed neatly & had all financial affairs etc in order. 2 years have passed since date of death, no probate granted. Im not sure can those other items you mention above be claimed prior to grant of P or a property sold.Two years for what though? to find paperwork? claim life assurance? submit what is now known as the Statement of Affairs (old CA24 form)? get the Grant of Probate? Sell the property? settle tax issues? wind up a business?
Once house is sold,would the buyer (the sibling) have too pay the estates solicitors or paid the other siblings directly ?Agree with @Clamball .
If the Statement of Affairs was submitted 10 months ago, then it was clearly incomplete. One or two items might not be unusual; but it shouln't take 10 months to get Grant of Probate.
Grant of Probate 'proves' the will and allows the exec to get on with winding up the estate, selling property etc.
To clarify here (and this is simplified, also IANAL)
Step 1
Gather in all the infornation on assets, bank accounts, property, life assurance.
Step 2 (in paralell w step 1)
Gather in all information on liabilities, revenue tax, bills etc
Step 3 (in paralell again)
Secure the assets, get valuations, property insured & made safe etc, get beneficiary details (name, address, pps, prior inhertitance etc)
Step 4
Complete and submit the statement of affairs.
Step 5
Twiddle your thumbs for 3 months. Reply promptly if Probate Office raise any queries.
Step 6
Grant of Probate issues.
Now the house can be sold & beneficiaries paid.
Indeed, but the deceased passed away 24 months ago - so why was the exec or solicitor sitting on their hands for 15 months?
In the main, none of this stuff is really difficult. Where there is an extensive estate, farm, business etc., then it's a different picture. But I'm willing to say that the vast majority of folks have a few bank a/cs, perhaps life assurance and a home. It's the people factor that makes it a pain.
To take your example, NPPR isn't needed to apply for Grant of Probate, and getting a letter from the local CC takes a couple of weeks at the worst.
Property Title / ownership - almost everything on PRAI
Deeds: needed for sale but not for Grant of Probate, again in the event that they are lost forever, can be reconstituted, it just takes money.
Bank a/cs: Exec can provide and in any event a letter to all the main banks asking do you have accounts in the name of Jane Soap, DOB etc., covers you.
As for the deceased being dead - that's what a Death
Ok thankyou for that it certainly simplifies and makes the process much clearer.Agree with @Clamball .
If the Statement of Affairs was submitted 10 months ago, then it was clearly incomplete. One or two items might not be unusual; but it shouln't take 10 months to get Grant of Probate.
Grant of Probate 'proves' the will and allows the exec to get on with winding up the estate, selling property etc.
To clarify here (and this is simplified, also IANAL)
Step 1
Gather in all the information on assets, bank accounts, property, life assurance.
Step 2 (in parallel w step 1)
Gather in all information on liabilities, revenue tax, bills etc
Step 3 (in parallel again)
Secure the assets, get valuations, property insured & made safe etc, get beneficiary details (name, address, pps, prior inhertitance etc)
Step 4
Complete and submit the statement of affairs.
Step 5
Twiddle your thumbs for 3 months. Reply promptly if Probate Office raise any queries.
Step 6
Grant of Probate issues.
Now the house can be sold & beneficiaries paid.
Ok thankyou for that will raise that point with executorIf I was the exec, I'd have everything paid into the Solicitor's client account so there's a clear paper trail.
Yes I am 100% sure in that I received confirmation from executors at that time that it had now been submitted to probate office.Are you 100% sure probate has been applied for, or are they in the process of applying for probate. They may still be gathering their information together.
If probate has been applied for and if the probate office says 12 weeks max then there must have been queries back to the executor.
It clearly is bothering you deeply so talk to the executor. Find out where they are with the process. What was the last step they took, what are they waiting for next, when were they last in touch with the solicitor etc.
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