Appoint solicitor before probate has been granted?

Bigbobby

I am in the process of buying a buy to let.  I have just had an offer accepted on a 2 bed semi in Walton-le-Dale just south of Preston for £120,000. The previous owner passed away and it comes with a marvelous flower carpet from the 1970s, mustard painted ceiling in the bathroom and a wonderful gas fire with a baxi bermuda boiler. 
The property was only marketed this week and the son is in the process of applying for probate.  The estate agent said "applying for probate could take a couple of months".  I did not want to pry my eyes in too much and come across as being cynical with their recent bereavement but from what I can gather with the estate agent the son seems to be struggling to find any will so if a will cannot be found I am wondering if this could lead to delays with the sale?
I have sufficient funds for any work that needs carrying out but if there is a delay then there is no harm as it allows me to save a bit more.  Also with it being buy to let I am in no rush anyway.
From what I have read the law says the son can advertise the property before he is executor but not actually sell the property until probate has been granted.  Is it worth me at this stage appointing a conveyancer or should I wait a couple of months until probate has been granted???

user1977

You can appoint a conveyancer but ask them not to do any work until probate is through. At least gets you through the initial admin of opening their file etc so you're then ready to go. 

p00hsticks

Bigbobby said:

I am in the process of buying a buy to let.  I have just had an offer accepted on a 2 bed semi in Walton-le-Dale just south of Preston for £120,000. The previous owner passed away and it comes with a marvelous flower carpet from the 1970s, mustard painted ceiling in the bathroom and a wonderful gas fire with a baxi bermuda boiler. 
The property was only marketed this week and the son is in the process of applying for probate.  The estate agent said "applying for probate could take a couple of months".  I did not want to pry my eyes in too much and come across as being cynical with their recent bereavement but from what I can gather with the estate agent the son seems to be struggling to find any will so if a will cannot be found I am wondering if this could lead to delays with the sale?
I have sufficient funds for any work that needs carrying out but if there is a delay then there is no harm as it allows me to save a bit more.  Also with it being buy to let I am in no rush anyway.
From what I have read the law says the son can advertise the property before he is executor but not actually sell the property until probate has been granted.  Is it worth me at this stage appointing a conveyancer or should I wait a couple of months until probate has been granted???

In this situation I wouldn't be rushing to do anything. It's not clear if the son is confident that there IS a will (perhaps he has a copy) but cannot track down the original,  or if they aren't sure one way or another. If the former then he's going to need to find the original to be able to apply for probate (you have to send it to the probate office as part of the process). If the latter, then he can't even be confident that he's the named executor and in a position to be able to market and sell the property at all.

In your shoes, I wouldn't be holding your breath....

canaldumidi

By all means get quotes and appoint a solicitor, but instruct them not to start work. Do not spend a penny (sorry mods, hope that doesn't offend) on anything till probate is granted. That might be a couple of months, or a year. Don't expect realistic advice or information from the EA - they won't know, but will put a good spin on things to keep you interested.

Your description of the property (which is irrelevant to your query) suggests you have assessed the property, but have you assessed your business plan.....?

Annisele

Definitely don't spend any money on it yet - even if the son is the executor, he might not be able to sell it (to you or to anybody else). For all you know right now, there is a will and it leaves the property to Joe Bloggs. If Joe Bloggs then doesn't want to sell, you're not buying.

FreeBear

.... And if the property hasn't been registered at the Land Registry and the deeds can not be found, that adds another layer of complexity & delay to the process. Don't get your hopes up for a quick sale.

Thrugelmir

Appears to be no rush to do anything. No harm in appointing a solicitor. Just don't get them to start incurring chargeable time yet.