Elusive Executor

[Jasper61]

Is there any way of getting information from probate regarding the progress of an application as beneficiaries? The Executor has become very elusive and vague when questioned regarding progress. We feel all is not well with his handling but as a friend of the family matters have become complicated much.

[des8]

What are you looking for? the time it takes to obtain the grant of probate after submitting an application (currently average time is 8 weeks) or the progress in settling the estate?

[PallasAthena]

Has the Executor submitted the application for Probate but not yet received Probate? If so then beneficiaries can't get any information about progress - Probate office would only deal with the Executor who submitted the application - but the Executor probably can't find out much about progress either. Could that explain the Executor's vagueness? Probably the Executor simply doesn't know when Probate is going to be issued.

[Pezza54]

If the Probate application has been submitted, HMRC may have queried the IHT form. This form is not straight forward to complete, valuation of property, gifts in the last 7 years etc.
This may explain why the executor is being vague about the delay.
Do you know if it was a solicitor that completed the IHT form?

[Jasper61]

From what we can gather, which is little, he's doing it all himself. He has confessed to dyslexia and sought help with the application from his brother.

[Pezza54]

The executor has a duty to keep the main beneficiaries informed of progress regarding Probate and administration of the estate.. I have much sympathy with the executor if he or she is a lay person applying for Probate for the first time.
The IHT form is complicated and mistakes can easily be made. A lay person applying for Probate has to attend a HMRC main office for a short interview about values inserted on the form. A solicitor applying for Probate does not have to attend an interview. HMRC trusts solicitors more as they are experienced in completing the form.

[Jasper61]

Thanks for that.
The will in our eyes seems very straight forward with no

[Jasper61]

The will in our eyes seems very straight forward with no inheritance tax issues. It's now 34 weeks and he fails to give us any updates. How long should this go on and is there a way of finding out if he has done the application correctly etc..?

[Pezza54]

Search the Probate Registry again. If you know the deceased's date and town of death you can use the advanced search.

[Jasper61]

Trust me we check almost daily. Just a shame there is no way of checking that an application for probate has been received by them, only his word that all is well but no detail.

[Pezza54]

Please google "newtons.co.uk what to do if an executor fails to act" and read the solicitor's article.
34 weeks to obtain probate seems an excessive amount of time.
An executor has a duty to keep beneficiaries informed of progress. Beneficiaries should not be concerned that the executor is a friend of the family. A main beneficiary should write to the executor, politely ask about progress of the probate application and find out why it is taking so long.

[des8]

you can register for a standing search for probate ... it will save the daily check!
( https://www.gov.uk/search-will-probate)
" You can use form PA1S to ask to be sent a copy of a probate if it’s granted in the next 6 months. This is called a ‘standing search’. It costs £3."