Waiting for grant of probate

[Deleted User]

Hi All, we're in the process of buying a property. It was a buy to let with two owners (one of which passed away this year). We are purchasing the property to be our family home. Probate was submitted on 27th March and we're still waiting for the grant to come through. There are two people in the chain below me who have been waiting to exchange for over a month and are understandably getting p**sed off. Has anyone else had delays this long recently? From what I've read, current delays are upto 12 weeks but we've been waiting 17. Apparently, there were no issues to sort out with the application, it just hasn't come through. I've been told repeatedly over the last 7 weeks that the grant is imminent! Thanks.

phill99

When we submitted grant of probate application for my late Mothers house it took 9 months. Her affairs were very straight forward and simple.


Estate Agents are absolute sh&ts for putting properties on the market without probate having been granted. They shouldn't do it.


So what I am saying is that it may take a lot longer than you think and don't be surprised if others in the chain walk away.


Personally I would go to the estate agents and smear excrement over their windows.

NeilCr

phill99 wrote: »

Estate Agents are absolute sh&ts for putting properties on the market without probate having been granted. They shouldn't do it.

Presumably they do it with the agreement of the executors

As I've said elsewhere on this forum I can see the reasons for doing it. The most important thing for me is to be clear that it is a probate property so that any prospective buyers are fully aware of the possible problems. As you say grant of probate is as long as a piece of string

I am involved (as in receiving a legacy) with an estate where the flat has been "sold" before probate has even been applied for. It's allowed conveyancing to proceed so that, hopefully, once probate has been received everything re the will and the flat sale can be settled quickly

To be fair there is an extremely keen buyer. The flat is in a prime area and is on the ground floor which is important for the likely buyer base.

phill99

NeilCr wrote: »

Presumably they do it with the agreement of the executors

As I've said elsewhere on this forum I can see the reasons for doing it. The most important thing for me is to be clear that it is a probate property so that any prospective buyers are fully aware of the possible problems. As you say grant of probate is as long as a piece of string

I am involved (as in receiving a legacy) with an estate where the flat has been "sold" before probate has even been applied for. It's allowed conveyancing to proceed so that, hopefully, once probate has been received everything re the will and the flat sale can be settled quickly

To be fair there is an extremely keen buyer. The flat is in a prime area and is on the ground floor which is important for the likely buyer base.

A colleague of mine waited for nearly 2 years for a grant.


They really should not be marketed until probate has been granted.

NeilCr

phill99 wrote: »

They really should not be marketed until probate has been granted.

But, that's a decision for the executors to make not the estate agents. I am not sure why you are heaping this all on the EAs.

FWIW the flat I am talking about was not marketed - someone, actually, knocked on the door and enquires about it. Same happened with my mum's flat. I found a note pushed through the door from the flat above three days after she died and well before the funeral

I think we will have to agree to disagree about this. I think it's fine - as long as everybody is clear about the situation. Most of the probates I know about went through in 3-6 months although I am well aware that there is a backlog at the moment.

G_M

What rubbish!

Probate can take years...... but it is rare.

Equally, it can take a few weeks.

Estate agents (and I'm no fan!) can only go by what the seller tells them.

Note also:

If a property is owned in joint names with another person a grant of probate is not required. The property will automatically pass to the surviving owner, although HM Land registry must be informed so that their records show the correct ownership from joint to sole. It is up to the surviving owner what they wish to do with the property as the sole owner. They do not have to wait for a grant of probate if they intend to sell the property.

https://www.finalduties.co.uk/when-can-a-deceaseds-property-be-sold/

phill99

NeilCr wrote: »

But, that's a decision for the executors to make not the estate agents. I am not sure why you are heaping this all on the EAs.

FWIW the flat I am talking about was not marketed - someone, actually, knocked on the door and enquires about it. Same happened with my mum's flat. I found a note pushed through the door from the flat above three days after she died and well before the funeral

I think we will have to agree to disagree about this. I think it's fine - as long as everybody is clear about the situation. Most of the probates I know about went through in 3-6 months although I am well aware that there is a backlog at the moment.

I blame Estate Agents as they are supposed to be acting in a professional capacity and will advise their clients accordingly. The stress of loosing a close relative is difficult enough to deal with. Then add the stress of having to sell a home. Vendors are often not in the best mental state to make decisions about when or whether to put a house on the market. But EAs encourage them to do so knowing that probate can take ages to be granted.


EAs always act in the interest of themselves, not their clients.

NeilCr

phill99 wrote: »

I blame Estate Agents as they are supposed to be acting in a professional capacity and will advise their clients accordingly. The stress of loosing a close relative is difficult enough to deal with. Then add the stress of having to sell a home. Vendors are often not in the best mental state to make decisions about when or whether to put a house on the market. But EAs encourage them to do so knowing that probate can take ages to be granted.


EAs always act in the interest of themselves, not their clients.

And, in the case of my friend who died recently where the executors were solicitors and had no personal ties to the deceased. They decided to market - are you saying they shouldn't have done?

Like G-M I am no great fans of EAs but don't think you can lay this all on them

[Deleted User]

Thanks for the responses. We weren’t told about the probate situation until about 8 weeks into proceedings when we started chasing dates. I’m getting very worried now based on what you’ve all said above. I am !!!!ed off with the sellers and estate agents for not being up front.

NeilCr

Deleted_User wrote: »

Thanks for the responses. We weren’t told about the probate situation until about 8 weeks into proceedings when we started chasing dates. I’m getting very worried now based on what you’ve all said above. I am !!!!ed off with the sellers and estate agents for not being up front.

Sorry for the hijack!

I quite agree that you should have been told that it was a probate sale from the get go. That's very poor by the EA (assuming they knew) and the seller.

Slithery

My sister was sole executor for my mother's estate, the jointly owned property (with her new partner) was sold and the money distributed in under 7 weeks (including the conveyancing).

If it's simple there's no reason it should take an excessive amount of time.