How long does inheritance take?

ilovefridays66

Hi there, just wondering how long it takes in general to get the inheritance if someone had a will at the time of their death? If the solicitor is looking after it, do they divide the cash assets between beneficiaries quickly or does it take a lot of time with probate office? The reason I ask is that we are due to move house and we're meant to get a cash gift towards it by a parent who has now died and there is no spouse involved. Just to be divided by the siblings. Unfortunately we didn't get the money before they passed and now we need it before bank will allow us to draw down. Just wondering if bank will accept that we are waiting on the inheritance and how long we might be waiting. Thanks

TooTired123

https://www.boards.ie/discussion/2058233493/how-long-does-inheritance-take

It’s not unusual to be waiting in excess of a year for probate. It first has to be established if your late parent owed any money to revenue, HSE, SW etc right down to the undertaker. All those bills have to be paid in full before you will get anything.

elperello

You could ask the executor of the will to liaise with the solicitor to get an estimate of the time scale in your particular case.

Try to keep communicating with the bank and keep them informed of your situation.

Peregrinus

If the executors are confident that they know of all the debts and liabilities and claims that might be made on the estate, and that there will be plenty of money over after they are all settled, there is nothing to stop the executor making interim partial distributions to beneficiaries. But the executors themselves bear the risks of doing so; if it all goes pear-shaped and somebody doesn't get what they were entitled to because it has already been given to someone else, the executor is liable and has to make good out of their own pocket. So it's generally considered a good practice to do things at a measured pace and in the right order, and you'd only depart from this if you were absolutely confident that it was safe to do so and it was e.g. necessary in order to avoid significant hardship to someone.

Atlantic Dawn

Depends very much on how complex the estate is, if it's just money in the bank, no debts and straighforward will it should be maybe 6 months. If there's a house to value and sell, easily add another 6 months to a year to this. Then you have things like shares, insurance policies etc etc that throw spanners in the works.

Claw Hammer

There would be a minimum of 6 moths after a grant of probate before a distribution can be made. An illegitimate child could appear and make a Section 117 claim within 6 months of the grant of probate. No executor would want to be caught.

Peregrinus

https://www.boards.ie/discussion/comment/118654558#Comment_118654558

Executors will not be liable if they distribute the assets when unaware of a claim that someone has to them, provided they have taken reasonable steps to identify potential claims. If an illegitimate child of whose existence the executors were unaware emerges after assets have been distributed, the executors have no liability.

Claw Hammer

https://www.boards.ie/discussion/comment/118666069#Comment_118666069

Executors are advised to wait 6 months after the grant before they distribute in case an illegitimate child appears. I have seen Senior Counsel's advices to that effect. There is no way an executor can take any steps to verify whether there is an illegitimate child or not, other than advertising and if they did that they would have to wait a reasonable time for replies.

Parents' neighbour died in 2020, house was to go to siblings and they're selling it. 18 months they've had a buyer ready but still waiting to get the green light.

Billgirlylegs

https://www.boards.ie/discussion/2058233493/how-long-does-inheritance-take

Depends on how good the executor is and how much information they gather about assets. The Probate process may take a bit longer than normal. Rule of thumb is at least 12 months unless the executor is god at following up the various processes.

Peregrinus

https://www.boards.ie/discussion/comment/118667191#Comment_118667191

Well, obviously something is causing a delay, but we don't know what it is. I would not assume that it is delay or neglect on the part of the executor. It could be, but in cases like this the problem more usually turns out to be either disagreement among the beneficiaries over whether the house should be sold and at what price, or some title, planning or tax problem which at least one of the beneficiaries does not feel they should have to pay to sort out. Executors do have power to impose a solution on beneficiaries who do not agree but, for obvious reasons, they are reluctant to use them; they would much rather let time, reality and common sense do the necessary job of banging the beneficiaries' heads together.

ilovefridays66

Thanks so much for replies. There are no debts and there is a lot of cash in the bank so hopefully its a case where we can access something earlier after discussion with the executor and solicitor.

ilovefridays66

If anyone was wondering. Probate still hasn't come through!

MrMusician18

https://www.boards.ie/discussion/comment/118654558#Comment_118654558

That's not entirely true. My landlord died in June and his son was my new landlord by September.

It can move very quickly when everyone agrees.

Larbre34

https://www.boards.ie/discussion/comment/120098994#Comment_120098994

Thats different circumstances.

The Son would be taking immediate charge of the deceased's active interests, maybe as executor, maybe as inheritor, or both. But his actual inheritance may not have come through for around a year.

12 months with an efficient executor is a good marker.

Dslatt

https://www.boards.ie/discussion/comment/118667191#Comment_118667191

I would hazard a guess that this is to do with the land registry, it's all based in Waterford now and there was/is a massive backlog. In my own case something that should have taken a few weeks took, around 11 months and it was lodged before covid hit

MrMusician18

https://www.boards.ie/discussion/comment/120099008#Comment_120099008

He was not the executor and he forwarded me the grant of probate.

Given the amount of money involved and the lack of a previous relationship with this man, I checked it out.

tmh106

https://www.boards.ie/discussion/comment/120098979#Comment_120098979

How long would you expect for Probate to take?

Claw Hammer

https://www.boards.ie/discussion/comment/120098994#Comment_120098994

foolish executor, if true. Did the son just announce he was the landlord or did he show you the grant of probate and the deed assigning the property to him?

MrMusician18

https://www.boards.ie/discussion/comment/120099466#Comment_120099466

Showed me his passport, the death cert, the will and the grant.

mrsgiller

https://www.boards.ie/discussion/comment/120099024#Comment_120099024

Land registry have offices in dublin, Waterford and Roscommon

Claw Hammer

https://www.boards.ie/discussion/comment/120099740#Comment_120099740

The grant doesn't make him the landlord, only the assent from the executor. The executor is the legal owner until there is an assent.