How long do I have as an Executor to distribute an estate?

As an Executor, you should ideally wait 10 months from the date of the Grant of Probate before distributing the estate. The Grant of Probate is the document obtained from the court which gives the legal authority for you to deal with the estate.

You should wait 10 months before distributing the estate because claimants who want to challenge a Will have six months from the issue of a Grant of Probate to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”). A further four months is added to this date because a person making a claim has four months to serve a claim after the six month period has ended.

If you do distribute an estate before the end of the 10 month period, you may be personally liable as the Executor for any loss incurred as a result.

If you are an Executor and are considering distributing the estate early, you should consider the following steps to protect yourself in case a claim is made under the Act:

- Take out indemnity insurance;

- Retain funds to pay out a claim;

- Obtain an indemnity from the residuary beneficiaries that you may proceed with distribution.

Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall.

If you would like to discuss a probate matter, please contact us on 01384 410410 to speak to one of our Private Client lawyers.