Most people arrive at these pages while grieving. We run these files with that in mind: plain answers, no pressure, and matters moved forward so you don’t have to carry the process as well as the loss.
The grant issued months ago — sometimes years. The house sits empty or occupied, the accounts stay unseen, texts go unanswered, and somewhere in the silence the beneficiaries have concluded nothing can be done. Nearly everything can be done. The law equips beneficiaries with a graduated ladder, and most estates move at its first rung.
The Year, the Duties, the Record
The executor’s year frames everything: twelve months of reasonable latitude, after which distribution can be compelled and delay must explain itself — the estate genuinely slowed by sales and clearances can say so; the estate slowed by nothing goes quiet, and silence past the year is the case forming. The duties behind the benchmark: gather with diligence, account (beneficiaries are entitled to information appropriate to their interest — sustained refusal is evidence, not discretion), act even-handedly, distribute per the will — with personal liability for loss caused. The beneficiary’s first move costs nothing: the timeline in writing — grant date, requests, silences — because every rung of the ladder stands on it. (Grant date unknown? Public record; a day’s work — and if no grant exists at all, the problem is different: diagnose here.)
The Ladder
Rung one, the framed letter — timeline recited, duties named, specific demands dated, consequences stated with everything visibly ready to file: it moves most estates, because most stalled executors are drifting, not defrauding. Rung two, compulsion — applications for accounts and due administration where the letter met silence. Rung three, removal — the court replacing the personal representative where administration has broken down (self-interested delay, like the executor living in the estate house while co-beneficiaries wait, is exactly the pattern courts replace for), typically installing an independent professional who simply finishes. Costs discipline runs throughout: maladministration costs can land on executors personally, which is what gives rung one its quiet force. The full machinery: executor disputes & removal.
The Family Question, Answered Honestly
Most of these executors are siblings, and the fear of “making it legal” keeps beneficiaries frozen for years — while the silence does its own damage. The reframe experience supports: structure resolves what resentment corrodes; proportion is built into the ladder (most files end at the letter, no proceedings ever issued); and mediation suits sibling standoffs better than almost any dispute in law. The two-minute orientation: the Stuck Estate Navigator. The real version: one confidential call, with your timeline.
How Many Months Past the Year?
Bring the timeline - the grant date, the requests, the silences. The first rung of the ladder usually ends the waiting, and it's one letter.
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The Non-Distributing Executor - FAQs
About the Author
Richard O’Shea, Solicitor, TEP practises with Mary Molloy Solicitors (established 1981) in probate, will disputes and estate litigation throughout Ireland. Richard is a qualified Trust and Estate Practitioner (STEP) — the international specialist credential for wills, trusts and estates — and holds a Diploma in Mediation from the Law Society of Ireland, a pairing built for exactly this work: specialist estates expertise, and the means to keep families out of war where that is still possible. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every estate and family situation is different, and time limits in this area are strictly applied - obtain advice on your own circumstances before acting or deciding not to act. We do not advise on tax; taxation questions should be directed to your accountant and Revenue’s published guidance. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.