Establishing The Executor Of A Will

[Ruud09]

I have a legal charge on the house of someone who died over 2 years ago. I am trying to get in touch with the executor of the will, but the family will not give me any information. They just say "probate has not gone through". I don't know what they mean exactly, and I can't trust them anyway. How can I find out who is the executor?

[Barmaid]

Do a standing search at the probate registry. You will then be notified when the Grant issues. http://www.justice.gov.uk/courts/probate/standing-searches

If you have a legal charge, they won't be able to sell the house unless you release that charge.

[tonywiltshire]

A grant of probate can only be made where there is a will and it provides power for the executor or executors to administer the estate of a deceased person have been officially confirmed and represents proof of the validity of the will. Probate usually takes 6/10 weeks depending on the complexity of the estate from application and the executors are not free to administer the estate until probate is granted. If no will or executors have been appointed it is necessary to obtain letters of administration.

[FredPuli43]

The probate may take longer than 10 weeks to get. It won't be granted , with the executors have power to distribute or deal with the estate, until the Revenue have been paid the inheritance tax due.And administrating the estate itself, agreeing other taxes other demands, reliefs and valuations, the selling of businesses and so on may take much longer:an example, not atypical, is my own mother's estate, she died 4 years ago but the estate is still not wound up. But your charge is safe for as long as the house,less any charges having priority over yours, is worth enough to cover it. As Barmaid says,nobody's going to be able to sell it without your agreement.

[Ruud09]

Thank you all for your responses. I'll apply for the standing search then. It is possible then Fred that the affairs of the deceased person are going to be drawn out.

[tonywiltshire]

It is my experience that probate normally takes 6/10 weeks if there are no complicating factors.

[dzug2]

Yes but 6 to 10 weeks from when? I assume it's from applying - but it can take a while to get into a position where you can apply, particularly if there are disputes to be settled first.

The last time I was involved it took about 3 months to gather the information, another 3 months to persuade one of the executors that the correct procedures were being followed and apply and about 6 months to gather in and distribute the assets - though most of the latter was done within 2 months. Not a complicated estate in itself - no house for example.

[tonywiltshire]

You are correct dzug2, obviously it is 6/10 weeks from application, subject to the complexity of the estate, years are the exception most people expect it to dealt with within one year, the Law Society can take an interest if they think the time is excessive, there is such a thing as the solicitor’s year.