How long does it take to settle estates?

[grannyjj]

My mother-in-law died in March 2005. She arranged for her estate to be dealt with by a charity organisation. The estate was not large and there are only three family beneficiaries. She was meticulous with dealing with bills and did not borrow money. Probate was granted in June, a notice was placed in the London Gazette which expired in October. The house was sold in October and we have heard nothing. We asked one of the executors (who seems to have nothing to do with the administration and is classed as a sleeping executor by the charity) and were told that we have to wait in case there are any more bills to be paid from the estate but we should hear by the end of February. I thought that the placing of the notice in the London Gazette covered that aspect - do we have to wait 6 months from when that notice expires?

Another person we knew died in September, left roughly the same amount of money to two family members, his house was sold in October, nothing went into the London Gazette and the beneficiaries have received their money already.

So we can't understand what is the difference and are getting quite concerned.

[Buenchico]

I don't think you've any need to be worried. In the second case which you quote, it's likely that the beneficiaries were also the executors. If they suddenly find that there's an unpaid bill then, in their role as executors, they must ensure that it's paid but since they're also the beneficiaries that shouldn't cause any problems because they also hold the funds.

The charity executors are just 'covering their backs' (as they're legally obliged to do while representing a registered charity). You know that your mother-in-law didn't leave any unpaid bills but the charity must treat every case in the same way and assume that a creditor may still appear. If someone did make a legitimate claim on the assets of the estate, the executors are legally obliged to ensure that payment is made. In order to be able to do so, they must retain control over the assets of the estate until they're certain that no legitimate claim can be made.

(Remember, also, that the charity are probably using the services of solicitors who may not be directly in their employment. Although there are many efficient solicitors these days, there are still quite a few of the 'old school' around who regard a reply to a routine letter, given within 6 weeks, as a 'prompt response').

Don't worry. The distribution of some estates is sorted out very quickly. (My father died in mid-October. As executor and sole beneficiary, I had everything sorted out by early December). Other estates can, exceptionally, take over ten years to sort out. If things are taking about a year, your situation is probably well within the 'normal' range.

Chris

[boobesque]

my grandfather died over 2 years ago. his estate has still not been settled.