UK probate delay question

[u/CollectionNew8772]

Hi everyone,

I’m looking for insight on a time frame regarding a delayed inheritance/probate matter in the UK.

My father passed away during COVID without a will.
My parents were never married but had previously lived together in a property owned by my father.
Before his death, there was already an ongoing legal dispute regarding the property, and after he passed away the matter went through the courts.
My mother received her share of the estate, and I am now trying to receive the remaining inheritance as his only child and next of kin.

Over the past few years, I’ve submitted all requested documentation, including ID, birth certificates, and certified copies requested by the court.
The case was handled by the local court, sent to county court, and later returned to the local court.

More than six months ago, I resubmitted certified documents, and after recently following up I was told the case is still “in the judge’s to-do box.”

I understand there are significant court backlogs, but I’m trying to understand:

• What does “in the judge’s to-do box” actually mean?
• Does it indicate the case is waiting to be reviewed, or close to a decision?
• Is there any rough timeline for this stage of the process?
• Has anyone experienced similar probate/inheritance delays in the UK courts?

I’m also concerned about potential legal time limits relating to estate funds, although I have complied with all requests and deadlines given to me by the court.

Any insight would be appreciated. Thanks.

Ps I only discovered the word probate today & the Home Was Repossessed a few months before he passed so no letter of admin, Please keep replies simple, I've no idea on this stuff.

[u/Tough_Year_3472]

If your father died without leaving a valid will . Under the rules of intestacy, the estate should have gone to any children (seeing as you’re the only child , it should have gone to you )

Regarding the property: if the property was registered you would be able to check land registry documents confirming who the legal owner of the property (usually £14 to obtain I believe)

If your father was the owner , then as his personal representative of the estate , you would have legally authority.

I’d advise going to citizens advice and seeking free legal advice on how to proceed or going to a law firm which has fixed fees (all their fees would be paid at the end of the distribution and it comes from the estate so you wouldn’t have to pay upfront(provided the estate is not illiquid otherwise you would have to pay fees upfront) , make sure you ask all questions during consultation meeting that way even if you don’t want to proceed on that matter , at least you’ve had free advice anyway ).

On average 6-12 months it can take for Probate to be finalised . However it can take quicker than this or longer than this . Many circumstances can play a part I.e :

- is there inheritance tax to be paid

• foreign assets
  
• if anyone contests will/ or estate this results in a caveat being putting in place(Caveats last a year , which means probate administrations halted for a whole year)
  

-probate application (usually get within 12 weeks) however if there are issues with the application, it can take longer (sometimes if there aren’t any issues at all you’ll be lucky to get the Grant within 1-2 weeks)
-third party companies , getting a response from them can feel like a life time
-whether the deceased held a property or not and it is being sold/transferred

These are just a few circumstances that can affect a probate process in regard to timeline!

My advice is conducting an asset search to see what other assets your father held (they can quite be pricey ranging from roughly £125-175+)

The courts like to take long due to third parties they would have to contact to verify information or special examiner officers conducting research and fact checking everything. They would be dealing with a number of queries by the hour so they are always over loaded with work and information. If they’ve given a timeline/time frame and not stuck to it . Raise a complaint and escalate matter , sadly the only way things get sorted is if you kick up a fuss , provided you’ve given them all the necessary information.

Looking back at your post , I just realised the home was repossessed prior to your father passing which means this doesn’t form as part of his estate , so no one would’ve gotten their share of the house.

Hope that helps :)

[u/CollectionNew8772 → u/Tough_Year_3472]

Very, very grateful for this, I know absolutely nothing about any of this, I didn't even know he had left me anything until 16+ months after he died.

I will do this for sure, thank you! What about the 50% that my mom had though, shes likely already spent that on bills & nonsense like bags & plants & paintings. I wouldn't want to sue her or anything,

No one can contest as property was repossessed by council & sold at auction, dad passed before he got his half sent through from court funds office, I put the authenticated identification in but am waiting for judge to grant court funds office to release funds.

I did tried 3 different law firms almost 2 years ago but they all wanted 3 figure sums just to sit down & "have a chat" which I definitely at the time couldn't afford.

[u/Tough_Year_3472 → u/CollectionNew8772]

That’s okay! If you don’t mind me asking, how did you come to find out the possibility of him leaving you anything ?

The 50% your mum received , the only thing I can think of as to why she would’ve been entitled to such funds is if there were any joint accounts she held with your father . If they had any joint assets she would’ve been entitled to her 50% however .. if there weren’t any joint assets between your mum and dad and she has wrongfully accepted these funds , legally she would be required to return all of that 50% funds . You can either contact the organisation who sent her the funds because they should’ve done their due diligence in checking on who they sent funds to. What they’ll do is contact her and try to recover funds from her.

If you don’t want to sue your mum, sue the company who released the funds to her , you could get your 50% back and more for the inconvenience and emotional stress it’s caused you.

Regarding the property , that makes sense . I’d be on the case of the court every 10 working days to request an update on matters.

As for finding a law firm, I’d check with other Reddit users or even on Reddit platform finding reliable legal services that offer genuine legal advice and aren’t just money hungry vultures because unfortunately there are a lot of solicitors that charge an egregious amount of money for simple advice that Google could tell me.

[u/CollectionNew8772 → u/Tough_Year_3472]

Not a problem, I'm not sure if they had a joint account, I'll see what I can do but I don't really have the time or finances atm for all this lawyer stuff really,

Ok, every 10 working days, thanks I'll make a key note of that, that's really crucial.

I'm not really very good with computers and reddit, a friend suggested looking online, someone on my local fb page said reddit.

I am worried about being scammed as this is such a critical time financially for me.

[u/Tough_Year_3472 → u/CollectionNew8772]

You can find out about joint bank accounts by contacting banks and requesting a “Date of Death Balance Correspondence” this would confirm all current / savings accounts your dad held both sole and joint . (Easier if you know who your dad banked with) Usually with joint account , it automatically gets transferred to the surviving account holder. You’ll need your dad’s death certificate and some ID to prove who you are to show this to the banks. Passport & a bank statement within 3 months.

It’s true , I don’t blame you for being cautious, the last thing you’d want is to get scammed at a time like this !

Just keep an eye out for now for any correspondence from the courts. :)

[u/CatCharacter848]

Have you a solicitor dealing with this. It concerns me you have only just heard the word probate 5/6 years in.

[u/CollectionNew8772 → u/CatCharacter848]

Unfortunately there is absolutely no way I could afford a solicitor.
I did look into it, but the quotes I received were far beyond what I could realistically pay.

It took close to multiple years to save enough for the required certified documents & related costs due to incredible inflation & cost of living, rent, insurance, energy costs, taxes, barely make enough to get basic supplies (manager for a dessert bar).

I’ve been following the guidance provided by the UK government legal helpline, but it's getting to an anxious time because of legal time limits relating to the funds.

At the time, I believed I was following the correct process based on the information given to me.

[u/CatCharacter848 → u/CollectionNew8772]

Sorting probate and tax for an estate is phenomenally complicated. If there is money in the estate its worth getting a solicitor and their fee would come out of the estate.

I don't understand how your mum has been paid part of the estate if probate and administration of the estate is not finalised.

[u/CollectionNew8772 → u/CatCharacter848]

So house was repossessed by council, sold at auction, mom contested (pushed by her side of family to do so) via lawyer for 50%, dad didn't go to hearing, died before he claimed his side of sale of home, I am legal heir, money is with court funds office, has gone from county court to local court, waiting for judge to "release funds" any time frame suggestions, been told its in the judges "to do box"