Seller Died Halfway Through Buying House - Can I Rent It During Probate?

chronowerx_gt

Hi, I hope someone can give me some solid advice on here.

I was in the middle of buying a house and the seller passed away half way through the sale. The seller had no will or children. She did however have a husband that lived in another country (still a British citizen). The estate should technically go to him and he has agreed to honour the sale once he becomes the legal owner of the house.

The house is currently in probate, empty and with no mortgage owing on it. The problem is my house has just been sold so I will be without a house very shortly.

Obviously, I want to get into the new house as quickly as possible.

Even though the husband doesn't yet own the house, does he have the power to rent it out in the meantime?

Also, what's the quickest way to speed up the sale once he has permission to sell? I imagine he can already get conveyances to start drawing up the paperwork. From what I've learned from selling my house, it seems we can get up to the exchange of contracts stage (or at least have it all ready to sign) and searches done so that we can proceed with the final part of the sale once the title deeds have been transferred into his name.

Any help would be appreciated. Thanks.

onwards&upwards

If you haven’t exchanged contracts on your sale yet then I would start looking for other houses ASAP and tell your buyer why. Hopefully they will be happy to wait a bit if they know you are still motivated to move.

There was a bit on the radio yesterday about probate delays and how it’s currently taking up to a year even for simple estates.

foxy-stoat

I assume your solicitor hasn't let you exchange contracts on your current house without you exchanging on your next property?

You should inform your buyer that you have issues with the chain and they will have to wait....or proceed and go into renting yourself but be prepared for a long wait as probate sales could take months, as the husband is in a different country it could take longer.

[Deleted User]

There have been a couple of threads on this board in the last year on this subject. Do a search, lots of useful advice and outcomes

TonyMMM

The administrator of the estate could probably rent the house to you on behalf of the estate, but they would have to take on the all the legal responsibilities and obligations of a landlord. Is the husband administering the estate himself - and have you asked if he would be prepared to do it ?

If he has left things in the hands of a solicitor to handle everything, then I suspect there is no chance at all. But no harm in enquiring.

davidmcn

Strictly speaking, if they don't have power to sell it then they don't have power to rent it to you. In any event, any seller would normally be regarded as crazy to allow a buyer to move in during the purchase process, because of the potential difficulties in kicking you out.

Brightside300

Surely that is a year for Probate to finalised and not for Grant of Probate to be issued. I'm assuming the OP with only need the vendor to get Grant of Probate for the sale to go through.

chronowerx_gt

foxy-stoat wrote: »

I assume your solicitor hasn't let you exchange contracts on your current house without you exchanging on your next property?

You should inform your buyer that you have issues with the chain and they will have to wait....or proceed and go into renting yourself but be prepared for a long wait as probate sales could take months, as the husband is in a different country it could take longer.

I'm currently waiting to exchange contracts on the house I'm selling. In all honesty, I don't want to jeopardise the sale of my house and for personal reasons, I want to move out of there ASAP.

TonyMMM wrote: »

The administrator of the estate could probably rent the house to you on behalf of the estate, but they would have to take on the all the legal responsibilities and obligations of a landlord. Is the husband administering the estate himself - and have you asked if he would be prepared to do it ?

If he has left things in the hands of a solicitor to handle everything, then I suspect there is no chance at all. But no harm in enquiring.

Unfortunately, he left everything int he hands of his solicitor when he went back home and that's now one of my fears.

chronowerx_gt

onwards&upwards wrote: »

If you haven’t exchanged contracts on your sale yet then I would start looking for other houses ASAP and tell your buyer why. Hopefully they will be happy to wait a bit if they know you are still motivated to move.

There was a bit on the radio yesterday about probate delays and how it’s currently taking up to a year even for simple estates.

This is what I'm afraid of. Really I need to be in that property in December. We're now 4 months into probate and there's been no updates at all. I say December because I'm going to have to move back in with my parents for a little while and anything past December is going to start becoming painful.

That's why if it could take a year, it may be worth me looking at another property even though this one is perfect and at a good price.

Cakeguts

chronowerx_gt wrote: »

This is what I'm afraid of. Really I need to be in that property in December. We're now 4 months into probate and there's been no updates at all. I say December because I'm going to have to move back in with my parents for a little while and anything past December is going to start becoming painful.

That's why if it could take a year, it may be worth me looking at another property even though this one is perfect and at a good price.

Probate for my mother's estate took nearly two years.



It is probably time for you to look for another house.

kazwookie

Keep looking for a new house to buy.


Also ask around for short term lets in your area.