Investigating a Probate House before exchange of contract

Skywalker007_2 · 26 April 2017 at 2:36PM

Hello,

Has anyone been involved in buying a probate house? What documents should i be asking? from the looks of things, i have been told the documents would be incomplete.
What investigation can i find out myself before completing the purchase?i did a basic survey with my lender and it says everything is fine but it has damp and will need renovation which i am aware off.Dont know about the gas and electric. If there is currently debt on that. Any help will be appreciated

Surrey_EA · 26 April 2017 at 2:42PM

There are no particular extra documents that you should be asking to see compared to a purchase that wasn't part of an estate sale.

Do you know is probate has been granted yet? or if not whether the probate application has been made?

It can often take 8-10 weeks for probate to be granted after the application has gone in.

You might find the property information form is a bit vague, and lacking in detail, unless one of the family members has a good knowledge of the property being sold.

When you say a basic survey, do you mean you've just had a valuation, which doesn't really count as a survey.

G_M · 26 April 2017 at 3:00PM

The fact it's a probate sale makes no difference except

* the conveyancing ensures that the seller is authorised to sell (well, this happens anyway, but paperwork is slightly different)

* the seller might have little personal knowledge of the property, so their replies to enquiries may be limited

* sale cannot complete till Probate has been Granted - has it?

Out,_Vile_Jelly · 26 April 2017 at 3:53PM

I bought a probate house. Ensure your solicitor is aware of this from the start. The only specific issue was the vendor was a distant relative who couldn't answer questions about the age of windows etc. This hasn't been a problem at all.

Your account with the utilities, and Council Tax, starts from the day you complete; any debts from the deceased owner will be covered from their estate and are nothing to do with the new owner. It would be useful to know what the gas/elec supplier is in advance of moving in- if the vendor doesn't know you can make a start with the branded bill envelopes no doubt piling up by the front door.

I paid for an additional, independent damp report which nixed the idea of it needing any expensive work.

Skywalker007_2 · 27 April 2017 at 10:20AM

The probate has been granted and my solicitor is aware but its just that the documents provided are incomplete and was told they don't have the full document. I'm just trying to find out if i won't inherit debt from the house or something as the documentation is not complete. How do i know if there is a charge on a house? Will that be transferred to me if i buy the house?

G_M · 27 April 2017 at 10:31AM

Unless you tell us what 'documents' are missing/incomplete, how can we comment!?

Most properties have Charges on them - it is a normal process of conveyancing to get them removed. Nothing different about a Probate property.

As I said above:

* the seller might have little personal knowledge of the property, so their replies to enquiries may be limited

which may explain whay 'documents' are missing. You'll just have to take a view as to whether they are critical or not.

If you are doing the conveyacing yourself - stop. You clearly don't know enough

If you have a conveyancer, why not ask ?

davidmcn · 27 April 2017 at 10:31AM

Not sure what "documentation" you're talking about? Your solicitor will ensure that you get good title without any existing charges. There aren't really any additional risks or problems, other than the deceased isn't around to answer any questions about the history of the place.

martindow · 27 April 2017 at 10:53AM

The main problem is possible delays in obtaining probate which can take a long time. It is wise to not start spending very much if any money before they have the grant.

G_M · 27 April 2017 at 10:55AM

martindow wrote: »

The main problem is possible delays in obtaining probate which can take a long time. It is wise to not start spending very much if any money before they have the grant.

OP said above :

The probate has been granted and ......

Skywalker007_2 · 27 April 2017 at 3:16PM

Thanks everyone for your advise. The solicitor send some of the documents and although he said its not a problem, i was just a bit concerned as it states there they don't have most of the legal document. I'll have a chat with my solicitor again to find out if the missing document would affect me in the future if i want to sell.

Surrey_EA · 27 April 2017 at 3:23PM

What sort of documents are missing?

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Investigating a Probate House before exchange of contract

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