When a person passes away, if they left a will, then the will’s executor will work to ensure that all of the deceased’s debts are settled before they can distribute their estate. This process is known as probate.
It can take up to a year to complete the probate process. Unfortunately, probate delays are common. This can lead to a lot of problems, particularly if the deceased’s estate included any property.
In this post we will explore some common reasons for probate delays, and discuss how you might try to speed up the process.
Our dedicated team of professionals can help you ensure you have all of the cover you need throughout the probate process. For more information, get in touch with us, call us on 0208 8290 9086 or you can email the team direct at personal@anthonyjones.com.
Why Do Probate Delays Happen?
Some probate delays are simply administrative errors. Probate applications can get quite complex. If there are any errors in the submission, or any difficulties in obtaining the required documents, then it will inevitably lead to delays.
Issues with the will itself may also lead to probate delays. Missing or damaged documents can lead to confusion. And if there are any handwritten amendments, or multiple versions of the will, then there may be some legal disputes among the beneficiaries.
Some probate delays, though, are directly caused by the will’s executor.
Why Would Executors Slow the Probate Process?
It might be unintentional. The executor may simply take their time in gathering information and submitting applications. But unfortunately, there have also been cases where executors have failed to take any action altogether. This could be because they feel overwhelmed by the responsibility and the workload. Or it could be because, for one reason or another, they simply refuse to take any action.
There are some things you can do if you feel the executor is taking too long, or if they are not acting at all.
The Citation Process
You can ask a probate registrar or a district judge to issue the executor with a citation notice.
With the citation process, you can force the executor to proceed with administering the deceased’s estate. If they fail to act, they will lose their rights as an executor.
The citation will outline specific steps that the executor is required to take in order to progress the probate process. Should they not complete these steps, or if they ignore the citation, the court can appoint a new executor. This can either be the person who originally applied for a citation, or another specified individual.
How to Remove an Executor
A citation can prompt an executor to act. But if you feel that they will continue to delay the probate process, then you may wish to simply remove the executor outright.
If you want to remove an executor, you need to make a formal application to the court. Essentially, you will be bringing a claim against the executor that will not only remove them from the process, but will also recover any losses you or other beneficiaries may have experienced as a result of the delay.
You may wish to appoint a solicitor to help you make the claim, particularly if the executor is a beneficiary in the will, or they are a direct relative of the deceased. It can require complex legal proceedings to remove such executors, as you will need to prove that they are not carrying out their duties in accordance with the will.
Things To Bear In Mind Before You Take Legal Action Against the Executor
Should the court rule to remove the current executor, they will not necessarily appoint you as the new executor. If you make a legal claim against an executor, the court may consider you too involved in the process to be trusted as an impartial executor. They may instead appoint a third party accountant or solicitor as a neutral, independent executor.
Another important thing to remember is that removing an executor from a will may not come cheap. You will have to pay court fees, and you will also have to pay for any professional legal representation you enlist. If it’s a complex claim, these costs can quickly skyrocket, until they eclipse even the total value of the deceased’s estate.
Also, bear in mind that you may lose your case. If you do, you may be liable to pay a proportion of the executor’s legal costs, on top of your own.
We Can Help You Protect Your Assets Throughout the Probate Process
If there is any property involved in the will, probate delays can cause some real issues.
It is likely that the property will be unoccupied throughout the probate process. Unfortunately, most home insurance properties will only cover occupied homes.
Dedicated probate home insurance will help you ensure that any unoccupied property involved in the estate will remain fully covered, no matter how long the probate process takes.
We can help you get all the cover you need, at a truly competitive price. We can also provide risk management advice to help you keep your property safe while it’s unoccupied. For more information, get in touch with us on 0208 8290 9086 or email us at personal@anthonyjones.com.
