Grant of probate

Viscount Aggro

Anyone know whats going on with probate office?
My solicitor applied for a grant of probate, over 4 months ago.
No response yet. Staff are WFH so does this mean there's delays?
Person died pre 1990.

Claw Hammer

Viscount Aggro wrote: »

Anyone know whats going on with probate office?
My solicitor applied for a grant of probate, over 4 months ago.
No response yet. Staff are WFH so does this mean there's delays?
Person died pre 1990.

You wait over 30 years to take out a grant and are complaining about a delay of 4 months? The mind boggles.

mick malones mauser

Claw Hammer wrote: »

You wait over 30 years to take out a grant and are complaining about a delay of 4 months? The mind boggles.

I presumed it meant he applied for a copy of Grant which was taken out in 1990.
If thats the case you will be waiting.
The probate office like most of the public service is absolutely milking the pandemic with their "working from home" nonsense.

Claw Hammer

mick malones mauser wrote: »

I presumed it meant he applied for a copy of Grant which was taken out in 1990.
If thats the case you will be waiting.
The probate office like most of the public service is absolutely milking the pandemic with their "working from home" nonsense.

He said nothing about a copy of a grant.

mick malones mauser

Claw Hammer wrote: »

He said nothing about a copy of a grant.

No He didnt ....But thats what I presumed he meant.
Very unusual to be lodging papers to issue a grant after 30 years
It can happen of course but is very unusual

Copies (if it is indeed a copy) that are over 20 years old have to be ordered from the National Archives and they are not really functioning either

Claw Hammer

mick malones mauser wrote: »

No He didnt ....But thats what I presumed he meant.
Very unusual to be lodging papers to issue a grant after 30 years
It can happen of course but is very unusual

Copies (if it is indeed a copy) that are over 20 years old have to be ordered from the National Archives and they are not really functioning either

I take people to mean what they say. It can well hapen that no grant is taken out and the dead person is left as the registered owner of land for years. Only when there is a desire to sell or mortgage or rent the land does the need to transfer the ownerhip of the land become unavoidable.

Addle

We waited 6 months for probate to issue pre pandemic.

Baby01032012

Mum died nov 2019 dad December 2019 my dads grant of probate came through November 2020 and my mums 2 weeks ago. I didn’t delay in applying, all through solicitor. It is slow. And if anyone has changed address since Will was made or anything slightly off they will come back and has to be resubmitted again

mick malones mauser

Claw Hammer wrote: »

I take people to mean what they say. It can well hapen that no grant is taken out and the dead person is left as the registered owner of land for years. Only when there is a desire to sell or mortgage or rent the land does the need to transfer the ownerhip of the land become unavoidable.

It can happen...but it is very unusual..

longgonesilver

Are there any penalties imposed on the executor or the estate if they delay for years after the death?

Claw Hammer

mick malones mauser wrote: »

It can happen...but it is very unusual..

Not particularly unusual.

mick malones mauser

Claw Hammer wrote: »

Not particularly unusual.

Extremely unusual...

Viscount Aggro

To clarify, the grandmother died in 1990, son continued to live in house until 2 years back, then deceased.
He died intestate. Grandmother had a will, so grant of probate being taken out for her portion of the estate.
I tried calling the probate office, got shunted to courts.ie website, then cut off.
I suspect they are using lockdown as an excuse to slack.
Contacting my solicitor monthly, with no result.

Claw Hammer

So much for the theory that the o/p was looking for a copy of a grant of probate. Not a particularly unusual scenario at all as it turns out.

Peregrinus

It's not. It's common for people to put off applying for a grant until the need one, e.g. to sell the property. Not at all unusual to find husband (in whose name home is registered) dying and widow simply staying on in house for years, maybe decades. Only when she dies does it transpire that nobody ever bothered to take out grant of probate when the husband died, so now two grants are necessary. But, even then, they're only necessary if the house is to be sold. If it is inherited, say, by an only child the child may choose to do nothing unless and until that becomes necessary because the house is to be sold or mortgaged or whatever.

Ardillaun

I’m lucky to live in a small Canadian town. This process took me one week here.

Nekarsulm

Not unusual in agricultural lands, and farms in general.
Our neighbour died, aged 80, and the land was actually still in his grandfathers name, who died about 1920 ...