Probate!!!!

6feet

We are currently buying a house. Apparently our vendors seller has died and the deceased sellers solicitors are currently trying to obtain probate.


We are bottom of chain and our vendors purchase is now obviously the end of chain.


Tell me your horror stories and positives. We want to be in by the 1st of July. Anyone want to give us odds on that?


We have signed contracts last Tuesday and were ready to exchange at anytime.....


The vendors solicitors have told our solicitor that it should be a straight forward probate....

G_M

Probate may be granted next week.

Or it may take 6 months.

6feet

G_M wrote: »

Probate may be granted next week.

Or it may take 6 months.

So how do I find out if it is going to be a long one?

chris_m

Provided that the estate is simple, the will is simple and the estate is below the Inheritance Tax threshold it shouldn't take long.
I did Dad's earlier this year. The estate comprised just his bungalow, an investment bond and a few bank/building society accounts so came to less than the IHT threshold, taking into account a small part of Mum's IHT allwance which was unused when she passed away. The will was also simple, just dividing the estate equally between two cooperative parties, no fancy stuff to be taken into account.
I hand-delivered the application on January 12th, received the Oath information on the 21st, swore it at a local solicitors because it would be a 4-6 week wait to do it at the Probate Registry, and returned the papers, again by hand, on the 23rd, and received the Grant of Probate shortly after February 3rd. I then had to wait 35 days, i.e. March 11th, to ensure that we had automatic clearance from Inheritance Tax before I could start to distribute the estate. So, basically, 2 months from start to finish.

If your sellers' estate is that simple, and is definitely below the IHT threshold and the solicitors get their fingers out then 1st of July may well be doable. If HMRC need to get involved because the estate's too big, I would have my doubts.

chris_m

6feet wrote: »

So how do I find out if it is going to be a long one?

Only by ensuring that your solicitor keeps on top of theirs to minimise any potential for delay and to communicate swiftly any suggestions of delays.

G_M

6feet wrote: »

So how do I find out if it is going to be a long one?

You wait 2 weeks. If probate has been granted the sellers may then ask to Exchange. If not, wait another 2 weeks. And so on.

Sorry - there is really no way o find out. You can ask of course, but whatever reply you get may be

* wishful thinking by the Executers
* an estate agent just reassuring you
* a lie
* a genuine truthful answer - but then a problem may arise the following day/week/month.....