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What's the maximum time limit for granting of Probate?

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C-C | 19:37 Thu 12th Oct 2006 | Law
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A friend died in 2004. Her niece has placed a Caveat to stall probate as she thought she'd benefit by 100% of her aunts estate instead of a set amount. The sole trader solicitor acting for the Executor sent a 'Warning' to the contestors solicitors and they have responded with an 'Appearance'. Since then, the Executor has renounced due to her own ill health. Who is responsible for dealing with the Estate and does the Probate Office allow the estate to go unattended indefinately. The property of the deceased is uninhabited and at risk of deterioration.
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There is no maximum time limit for obtaining probate. Now the caveat has been warned and an appearance entered, the estate is frozen until someone makes the next move. No grant can be obtained (although in this case, it might be sensible to obtain a protective grant just to prevent the property deteriorating further). If the niece does nothing, it may be possible to make an application to have the caveat removed. However, the most likely course of events is either the caveator or the beneficiaries under the will will issue and serve a claim form and commence a contested probate claim. Now the executor has renounced, the next person entitled to take the grant of representation is the residuary beneficiary. However, until matters are resolved, no general grant will be issued. At the moment, no-one is responsible for dealing with the estate and the Probate Registry has no mechanism for forcing the estate to be administered. Ultimately, it is the beneficiaries who will lose out and they should be seeking urgent legal advice.
both my in laws died in 2004, we had to wait until the august this year for everything to be sorted even though my husband was the only beneficiary, although we had waited 2 years and we did get money we did not receive any interest on the money which had been in someones bank account gaining a lot of interest!
When my great-aunts died, within weeks of each other, it took 9 years to settle the probate for the family trusts which supported them (and I'm not talking about a great deal of money). No interest was paid and it was a painful and worrying time for my mother who was executor. Probate seems to take as long as it takes.
my mum died in january this year.in the will her estate was divided betweem 3 sons ,the only monies will be from the sale of her house ,however one of my brothers lives in the house and refuses to mve or sale .what rights have the 2 other brothers got ?also he is 1 of 2 exequetors and on the grant of probate please help

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