Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that estates are distributed to beneficiaries within a reasonable timeframe after probate has been granted.

There is no maximum time limit in which personal representatives must distribute an estate after probate has been granted.

A personal representative is under a statutory duty to administer the deceased person’s estate according to the law and without undue delay. He or she must safeguard the estate and, with due diligence, collect and realise the assets, pay the deceased person’s debts, and distribute the legacies and the residue of the estate to the beneficiaries entitled in accordance with the will. Personal representatives can be held liable if they mis-administer the estate.

There are legitimate reasons why it may take time to fully distribute an estate. For example, it may require the sale of a property, the settling of tax issues or administering assets outside of the UK. Other reasons that personal representatives may delay the distribution of the estate include waiting out the time limit for family provision claims under the Inheritance Act 1975 and for creditors to bring claims against the estate.

If beneficiaries have concerns about the administration of the estate, they can make an application to the court to compel a personal representative to provide an inventory and account of their administration of an estate. In addition, applications can be made to remove and replace a personal executive where there are grounds to do so.