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Waiting for grant of probate
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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 it shouldn't take that long.
But was that after probate had been granted?Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
Probate is only not required where the property is owned as joint tenants. If the property is owned as tenants in common then probate is required. Given that this was a rental property, it would be more likely that it would be held as tenants in common.0
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If it's simple there's no reason it should take an excessive amount of time.
If the estate is close to or above the threshold for inheritance tax, then the process of obtaining a grant of probate is at the mercy of HMRC. If they are dragging their feet, then the whole process grinds to a halt.Any language construct that forces such insanity in this case should be abandoned without regrets. –
Erik Aronesty, 2014
Treasure the moments that you have. Savour them for as long as you can for they will never come back again.0 -
If there were two owners and one is still alive they don't need probate to sell the place.
Even if tenants in common before someone makes that error
Land Reg rep has confirmed this numerous times.0 -
getmore4less wrote: »Even if tenants in common before someone makes that error
Land Reg rep has confirmed this numerous times.
Can you give evidence of this as that doesn't seem possible. If the share of the property is going to pass to whomever it was left in the will, how can that go through without probate?0 -
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.
When I sold my mother's house the EA and the solicitor both knew it was because she had died but neither of them asked about probate. It hadn't even been applied for when I accepted an offer!
Fortunately probate only took about 10 days. But the agent never mentioned it at any time and neither did I, and I've no idea what the buyer was told.
Could have gone rather wrong for the buyer!0 -
I my case the property is not owned by a husband and wife and they don’t live at the property. The deceased portion of the property is passing to their family. I would have thought probate is needed in this situation or am I wrong?0
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I've been waiting since early April here. (note: I dont know which probate office). Last update I got from the estate's solicitors a week a go said that they got through to the probate registry last week and they are working a further 16 days behind, in addition to the 12 week delay. Of course that means probate should have been granted by now...
There was a mention on the probate forums here that someone got their probate recently having submitted end of March, so I would expect yours to be imminent, however there's so much hearsay about so I wouldn't trust any of it. (the law society apparently recently spoke to the government, and their response included average delays that are very generous compared to what is being experienced, eg. 6-8 weeks vs reality of 4 months or more)Peter
Debt free - finally finished paying off £20k + Interest.0 -
Thanks for that. I hope you’re right. I know the probate offices have been passing documents to each other to try to clear the backlog so I’m hoping they are still getting done in date order 😔0
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