House Advice on Probate issue. Wits end!

tawse57

Smallfries wrote: »

Tawse57, any idea how quick it can be if its just plain sailing?

It can be a matter of weeks - 4 to 6 weeks.

It all depends on things such as whether a will was left, whether the will was left with a solicitor and whether there are any relatives who may or may not come forward to contest the will.

Usually, if there are relatives such as estranged siblings, cousins, former spouses, children of former spouses, etc, a solicitor will leave it a bit longer just to make sure than no one has put a block on the will to stop probate going through.

You will be surprised who can actually challenge a will but it is very difficult to challenge if the will has been made correctly and legally with a solicitor.

I believe you can check with the Court of Probate whether a will has been challenged. I think it costs a tenner or something like that and you will need to know the name of the deceased and their last address.

I suggest your first point of call is to ask the seller bluntly why the will is taking so long to go through probate? Tell him you are prepared to wait but you wish to know why - is it a relative challenging the will, is it a tax issue, is it an issue of care bills and the local social services wanting part of the house sale to pay for such care costs?

Edit:

In the meantime, hope for the best but perhaps begin looking elsewhere.

This ain't legal nor financial advice.

cheap_charlie

tootsmyboots wrote: »

My Dad died on 14th March, filled in papers ourselves with help from the HMRC helpline where needed, probate granted 14th May. Straightforward as in I was the sole executor and beneficiary. So that was 2 months. I was advised NOT to put the house on the market until probate was granted, so I didnt. Otherwise it wasnt mine to sell.

I wish probate had been that quick for me when my husband died - it took 20 months for me - although I expect that's an extreme case.

I too was advised not to market until probate was granted.

abaxas

When my father died, it took almost 6 months to get probate.

I'm sure we could have done it quicker, but it took that long to sort out all the paper work.

Be patient and wait. Probate involves the government, so you know it wont be fast.

Smallfries

Just found out the owner died in June, probate was applied for in August, after we put the offer in. I was told it was already done and dusted so i wasnt best please to find this out. also, the son of the owner was dealing with it then all of a sudden his daughter has took over, i am worried as i think there is a problem, dunno what to do for best cos if i pull out i will lose a lot of money

tawse57

Smallfries wrote: »

Just found out the owner died in June, probate was applied for in August, after we put the offer in. I was told it was already done and dusted so i wasnt best please to find this out. also, the son of the owner was dealing with it then all of a sudden his daughter has took over, i am worried as i think there is a problem, dunno what to do for best cos if i pull out i will lose a lot of money

Oh, well if Probate was only applied for in August then it is early days. Then again, in the next fortnight you might get a pleasant surprise.

On a Human level, try and bear in mind that this chap is going through the grief of losing his Dad - I don't care who you are but until you lose your Mum or Dad, or both, you have no idea of the affect it has on you.

This man is grieving and whilst the house is a house to you currently to him it is more than just a house - it is the place his Father lived in, perhaps he grew up there as a child with his parents so perhaps he has many, many memories of his life there and the lives of his parents.

When a parent dies the house and the 'things' within often become very 'real' to you in that you feel that if you hold on to them that you are holding on to your deceased parents. You can also feel that by selling them that you are somehow cutting that parent or memories out of your life.

It is very difficult to explain and, frankly, until you go through it yourself you will not understand it.

So bear the above in mind, have some respect for what this chap is going through and perhaps chat to him about how this was once a home for his family and how you wish to now make it a home for your family. Let him know, almost, that the house will be in good hands.

Best of luck.

Smallfries

tawse57 wrote: »

Oh, well if Probate was only applied for in August then it is early days. Then again, in the next fortnight you might get a pleasant surprise.

On a Human level, try and bear in mind that this chap is going through the grief of losing his Dad - I don't care who you are but until you lose your Mum or Dad, or both, you have no idea of the affect it has on you.

This man is grieving and whilst the house is a house to you currently to him it is more than just a house - it is the place his Father lived in, perhaps he grew up there as a child with his parents so perhaps he has many, many memories of his life there and the lives of his parents.

When a parent dies the house and the 'things' within often become very 'real' to you in that you feel that if you hold on to them that you are holding on to your deceased parents. You can also feel that by selling them that you are somehow cutting that parent or memories out of your life.

It is very difficult to explain and, frankly, until you go through it yourself you will not understand it.

So bear the above in mind, have some respect for what this chap is going through and perhaps chat to him about how this was once a home for his family and how you wish to now make it a home for your family. Let him know, almost, that the house will be in good hands.

Best of luck.

i totally understand where you are coming from, dont get me wrong, and i have every sympathy in the world but my biggest priority is not worrying that this man is still grieving, i have to sort a house for my family. i havent got the time to sit and worry about other people right now, the only people i am worrying about is me, my GF who is in unsuitable living conditions right now and my unborn baby.

i dont mean to come across as heartless as i understand it must be hard but if i sit about worrying about the Son and his family the house will never go through and i am up the creek.

tawse57

Smallfries wrote: »

i totally understand where you are coming from, dont get me wrong, and i have every sympathy in the world but my biggest priority is not worrying that this man is still grieving, i have to sort a house for my family. i havent got the time to sit and worry about other people right now, the only people i am worrying about is me, my GF who is in unsuitable living conditions right now and my unborn baby.

i dont mean to come across as heartless as i understand it must be hard but if i sit about worrying about the Son and his family the house will never go through and i am up the creek.

The Probate will go through as quickly as it can be processed - you can do nothing about that.

But you can do something about your relationship with the seller and his daughter. It is common-sense to form a sympathetic relationship with them as they may actually begin to want things to hurry up for your benefit.

Smallfries

tawse57 wrote: »

The Probate will go through as quickly as it can be processed - you can do nothing about that.

But you can do something about your relationship with the seller and his daughter. It is common-sense to form a sympathetic relationship with them as they may actually begin to want things to hurry up for your benefit.

i understand that, i was updating the posters as i know hoe frustrating it is when someone doesnt post updates to any problems they have posted on the forum

EllaKeat

I am probably talking rubbish as I don't know probate law, but is there not the opportunity to rent the house until probate is granted, and then buy? In that way you could be in there and settled with new baby without waiting and worrying.

Whatever happens, good luck with it all:)

Mrs_Money

Smallfries wrote: »

Just found out the owner died in June, probate was applied for in August, after we put the offer in. I was told it was already done and dusted so i wasnt best please to find this out. also, the son of the owner was dealing with it then all of a sudden his daughter has took over, i am worried as i think there is a problem, dunno what to do for best cos if i pull out i will lose a lot of money

Just keep checking and asking what's happening. Our probate only took 1 week to come through from taking the papers to the local probate office to receiving it in the post.
I know these things can take a long time - if it was me I would be phoning the EA, their solicitor and them every couple of days to push. Don't just sit back and wait - it could be nothing unusual to wait this long - but I would be wary. The real decision is - how long are you prepared to wait? A month? 6 months? A year? You are a buyer with no property to sell. Most sellers would bite your hand off for an offer from you! In the end, it may well be quicker to find something else - you never know!
Good Luck with it all.