Buying a house when probate hasn't been granted

stumpyhill

Hi,

My wife and I are buying a house involved in a lengthy and I'm told complicated probate. We are at our wits end because we seem to be powerless to do anything.

There are two executors of the will both are solicitors and throughout the whole process it has been impossible to get any accurate information from them either though our solicitors or the estate agent selling the house.

There always seems to be another excuse eg found more investments or one of the executors is ill. The background is the husband past away 9 years ago and the house was in his name his wife then died 18 months ago and we have been told the wife's estate has been granted probate and the husbands hasn't. There were a lot of investments in the uk and abroad.

I've been in contact with the family inheriting the proceeds from the house and they are equally frustrated. It has been going on for a year.

What could be causing the delay? Is there anything I or the family could do to speed things up? Why can't the house just be sold and the money added to the estate?

Fire_Fox

This could take years and you can't speed it up, honestly find something else this house should not even have gone on the market. You can't just randomly sell a house in someone else's name, otherwise fraud would be rife! :eek: This could be complicated by the fact that the husband's probate should have been dealt with first, or that it's such a long time ago and there are different systems in each country so getting all the information together is slow.

"When someone dies, you may be able to apply for a ‘grant of representation’. This gives you the legal right to deal with the person’s property, money and possessions (their ‘estate’). The right to deal with the estate of someone who’s died is called ‘probate’. You can apply yourself or use a solicitor."
https://www.gov.uk/wills-probate-inheritance/overview

daska

There is nothing you can do. Walk away.

CWSmith

It's not straightforward at all.
I'm in the process of my mother's probate. She passed away in January; I am the only heir; my husband and myself are the only executors and she left a basic and totally straightforward will. The solicitor said (back in January!) it would take 2-4 months to sort out. Nine months later, and still its not finished.

BUT, my mother's house was transferred into my name back in May, and I have the Deeds to prove it, so theoretically, I can sell it or do whatever I want with it, even though full probate has not been granted.

I don't know how that works or why .......... but obviously it is possible to have been bequeathed a house before probate.

antrobus

stumpyhill wrote: »

...What could be causing the delay?...

The fact that the husband's estate hasn't been granted probate.

stumpyhill wrote: »

... Why can't the house just be sold and the money added to the estate?

Because the legal owner of the house died nine years ago, and is thus unable to transfer ownership of the property. As it stands, the house is in legal limbo.

daska wrote: »

There is nothing you can do. Walk away.

Either that or be prepared to wait.