Stuck in probate, what are our options?

john.smith654

We were about a week away from exchanging contracts when the property our seller's were going for went into probate. That was in October.

Since then, we were told we would hear more before Christmas, then mid-January and now mid-February. We have no real idea how much longer we are going to have to wait but now understand that the estate is complex and so the grant may take some time. The communications we have been getting are shorter and shorter until the last one which was essentially just "there is no new information, try again in a month".

We have decided we want to start looking at other properties again because we are beginning to think this sale may never go through.

What is the most reasonable thing to do here? Should we let our sellers know now that we are resuming our property search and pull out of the sale? Should we wait until we are ready to make an offer? Or until we have an offer accepted?

I don't want to mess anybody around but, at the same time I can't wait for ever and feel a bit like we are being taken for granted.

G_M

If Probate is complex it could take........ who knows how long?

I would tell the your sellers (via EA?) that you are starting to look at other properties, but that if the chain starts to move before you find anywhere else you are still keen to buy. But you'll let them know if you find somewhere else and withdraw from this purchase.

getmore4less

if the estate is complex but the property is not an issue they could get a grant to just sell the house.

they may not know this.

GDB2222

john.smith654 wrote: »

What is the most reasonable thing to do here? Should we let our sellers know now that we are resuming our property search and pull out of the sale? Should we wait until we are ready to make an offer? Or until we have an offer accepted?

I don't want to mess anybody around but, at the same time I can't wait for ever and feel a bit like we are being taken for granted.

You have been extraordinarily patient. It's frustrating for your sellers as well as for you, but you really should move on. You don't have to "pull out", as you have never signed contracts. So, as GM says you just let your sellers know that you are looking elsewhere but are still interested in their property.

Unfortunately, you should mentally write off any money you have spent on legal and survey fees.

-taff

Wait until you have an offer accepted before you pull out. Even then, you don't have to tell them anything.. Probate could take many more months....

AnotherJoe

-taff wrote: »

Wait until you have an offer accepted before you pull out. Even then, you don't have to tell them anything.. Probate could take many more months....

^^^^ This. I have some friends going through probate at the moment, they have a stunningly complex setup to unentangle, but at least they've not put the property on the market until its sorted.

There's no point you telling your vendors you are looking, you may not find anything, and maybe all their situation will resolve. Wait until you are sorted first.

Rain_Shadow

I think you will have quite a long wait.


I acted as my late father's executor about four years ago. His estate was pretty simple and I worked steadily but without a need for particular haste. Grant of probate took four months.

agrinnall

Rain_Shadow wrote: »

I think you will have quite a long wait.


I acted as my late father's executor about four years ago. His estate was pretty simple and I worked steadily but without a need for particular haste. Grant of probate took four months.

So on that timescale probate for the property the OP is looking at should be granted in the next few weeks - they've already been waiting over 3 months.

Out,_Vile_Jelly

I bought my house in a probate sale, but the paperwork was sorted before it went on the market. It actually went very smoothly after that, the only delay was a shortage of mortgage provider surveyors.

Be mindful that the vendor may not be familiar with the property so may not be able to answer questions about past building work and things like that.

martindow

Regardless of the complexity, executors can be very different in how they deal with it. Some, seem paralysed by grief and take ages to fill in paperwork and attend the interview. Other people get on with it and it takes far less time. There are also some horror stories of solicitors who can be unbelievably slow.

OP, if you are being told it may take some time it sounds many months away from obtaining the grant.

getmore4less

AnotherJoe wrote: »

^^^^ This. I have some friends going through probate at the moment, they have a stunningly complex setup to unentangle, but at least they've not put the property on the market until its sorted.

There's no point you telling your vendors you are looking, you may not find anything, and maybe all their situation will resolve. Wait until you are sorted first.

If the house is not part of the mess then they can ask for a grant to sell the house.

often not an issue if the place is being used but for an empty house there is no point incurring the costs and potential deterioration so perusing the grant to sell can be worthwhile if it is anticipated the main grant will be some time.

In some instances it may also solve an IHT problem.