Buying a House where probate hasn't been granted

Hoploz

I'm helping deal with an estate at the moment. It's all been handed over to solicitors & quite straightforward except IHT will be due and there is an issue over selling one final set of shares. The shares are causing a massive holdup and nothing has moved in over a month. So yes, it's impossible to say how long it'll take. Luckily you are FTB therefore not in a chain, so presumably no pressure other than it'd be nice to get in ASAP.

Laurell

I'm curious.... did you get in the house? I've just been in a similar situation. Home owner died in April 2018, I put an offer in in October, it's now June 2019 and guess what, still no probate!

I'm now within two weeks of completing on a different property, but the probate one has left me £470 out of pocket (that's conveyancing alone, not including the rent I've been p*ssing up the wall for more than 6 months)! I'm wondering if there is any form of recourse to be had against the probate solicitor or the agents who have been trying to sell a property they still have no legal right to sell?

agrinnall

Laurell wrote: »

I'm wondering if there is any form of recourse to be had against the probate solicitor or the agents who have been trying to sell a property they still have no legal right to sell?

None at all. Move on and forget about it. Good luck with the new property.

harkessmd

All,

You may want to have a look at the news.
MoJ introduced a new computer system which caused huge probate delays, if you like the house hold it out and be patient! if not sack it off and find another (just hope noone up the chain needs probate as it will happen again, its not just you it is a national issue).
Whilst people are right the full probate process can last years the grant of probate (ie the authority to administrate the estate) usually takes 10 working days; caveat that the delays mean this is much longer.
I am in the same position i offered and got accepted in January, still waiting on probate applied for in March, i however like my house and i am not silly enough to risk pushing myself to the back of the probate queue on the off chance of another not as good property just because i am not patient enough.
I hope you get your property, but you need to decide if its the house for you! if it is then wait it out and stew quietly if not cut and run!

chunkytfg

harkessmd wrote: »

All,

You may want to have a look at the news.
MoJ introduced a new computer system which caused huge probate delays, if you like the house hold it out and be patient! if not sack it off and find another (just hope noone up the chain needs probate as it will happen again, its not just you it is a national issue).
Whilst people are right the full probate process can last years the grant of probate (ie the authority to administrate the estate) usually takes 10 working days; caveat that the delays mean this is much longer.
I am in the same position i offered and got accepted in January, still waiting on probate applied for in March, i however like my house and i am not silly enough to risk pushing myself to the back of the probate queue on the off chance of another not as good property just because i am not patient enough.
I hope you get your property, but you need to decide if its the house for you! if it is then wait it out and stew quietly if not cut and run!

I'm the same. Waiting on probate for 'the one' as nothing else we've looked at ticks quite so many boxes and just has that feeling of being 'right'.

We had our offer accepted at the end of October and we thought it would be a quick sale as the EA had been told probate had been granted. WRONG! It was applied for finally sometime at the beginning of march and we are still waiting.


House buying is never quick and easy. there will always be some kind of stress or delay involved.

getmore4less

Always check that probate is really needed,

If there is a living owner it is not needed but is seems there are loads out there including solicitors that think if a owner dies probate is needed but that is only if they are the last owner.

LandyAndy

getmore4less wrote: »

Always check that probate is really needed,

If there is a living owner it is not needed but is seems there are loads out there including solicitors that think if a owner dies probate is needed but that is only if they are the last owner.

Indeed. I was my father's executor. My mother and father owned their house as joint tenants and so the property passed to her without forming part of his estate.