Before you even apply for probate you will need to publish your intention to do so on the Supreme Court website.
Problems often arise that could easily have been prevented with proper advice. Applying for probate. Problems and complaints. Administering an estate is not always straightforward and, as executor, you can be held liable if you get it wrong. EXECUTOR ADVICE. Find out more:
If someone has named you sole executor, it is usually still a good idea to consult a solicitor, just to make sure you get it right.
Probate is a court order which confirms a will is valid and that any executors have the right to administer the estate. Although I have aleady asked questions about the role of executor Iw anted to ask another more specific one which asks if anyone has any experience in sharing the role of executorship with a solicitor; as in you and a solicitor have been named as the Executors. That leaves two problems: firstly the solicitor appointed executor may […] Probate actions can be very expensive, transferring a large amount of the estate to the solicitor and barristers that you may need to get involved. Appointment of a professional executor 2 December 2019 Clients who are considering the appointment of a solicitor or firm as executor(s) must be provided, by the potential executor(s), with sufficient information to make an informed decision about the appointment and its related costs. They must tell you how you can complain to them and publish their full complaints procedure. For example, if you appoint one of your children and a solicitor as your executors, they might decide that your child might be the best person to deal sensitively with other family members, while the solicitor handles the tax and legal work. And if you choose more than one executor, they might decide to divide up the work. Learn about Executor duties and how Jack F. S. Lee can help you >
Your right to complain. This means you are entitled to any and all information related to property left to you, even if it is a portion of joint property, to include an accounting, appraisal if applicable and proof of insurance. Learn what to do if you have a problem or complaint with solicitor or firm.
As executor, if you believe the testator lacked testamentary capacity, you need medical proof to support your case and should take legal advice. If you are an executor, you need to understand your legal duties and get professional advice at the outset to protect yourself.
One of the problems people face when looking for a quality probate solicitor is that they can find that their hands are apparently tied, as the firm who drafted the deceased’s will has been appointed as an executor – or a bank or other institution. If you are unhappy with your solicitor or their firm, you have the right to complain. Fourteen days later, you can apply for probate by lodging the right forms at the Probate Registry of the Supreme Court.
The solicitor may charge a fee for their expertise in administering estates. The executor's job is to manage and protect the property until it is ultimately distributed to you. A person who thinks otherwise should not have accepted the role of executor in the first place.