Buying a house that needs probate

jenni_fer

We've viewed a house today that we intend to offer on, we're told they have just started the probate process.

What do we need to know? Other than 'it could take a while'?

Are there questions we should be asking?

Any advice greatfully received!

canaldumidi

As long as you understand probate can take a few weeks, a few months, or in rare cases years.

You can certainly ask about the complexity of the probate. Is it a large Esate? Is there a will & is it clear? Who are the beneficiaries? Are the Beneficiaries and Executors all in agreement about selling?

But whether you'll a) get answers or b) be able to believe/rely on the answers.... both highly unlikely.

theartfullodger

Depends.  Was deceased intestate or did he leave a will?  Simple estate or complex? Executors cooperative and  expert or a bunch of squabbling clowns with no idea what they are doing?

My brother died intestate December 2020.  Fairly simple estate but house hardly touched since 1971. Probate granted June 2021,myself and sister inheriting and good relationship.  I'd sold 2 houses in previous 3 years .Huge amount of house and garden clearance.  On market Mid September, Bafo 28/9,  Agreed price and buyer 7/10/21. Hoping sale completes next couple of weeks. We were in no rush to sell, others might be quicker.

Bonkers usorious "equity release" mortgages at interest rates I've not seen for years.

FreeBear

Another question to ask is "has the property been registered ?"

A quick look on the Land Registry site will answer that question. If the house doesn't come up in a search, you then need to ask about the deeds and conveyancing documents showing the history of ownership.

canaldumidi

FreeBear said:

Another question to ask is "has the property been registered ?"

A quick look on the Land Registry site will answer that question. If the house doesn't come up in a search, you then need to ask about the deeds and conveyancing documents showing the history of ownership.

Well yes, but doesn't everyone automatically look at the LR Title when/before making an offer? I certainly do........

GDB2222

canaldumidi said:

FreeBear said:

Another question to ask is "has the property been registered ?"

A quick look on the Land Registry site will answer that question. If the house doesn't come up in a search, you then need to ask about the deeds and conveyancing documents showing the history of ownership.

Well yes, but doesn't everyone automatically look at the LR Title when/before making an offer? I certainly do........

You may be surprised to hear that you are more knowledgeable than the average buyer.

theartfullodger

May be a few average buyers who are now offended..

canaldumidi

theartfullodger said:

May be a few average buyers who are now offended..

Oh no! Am I about to be banned? Again?

getmore4less

Land reg and planning(property and around) for everything you are looking at.

Don't need to pay anything till short listed.

Motivated sellers is the key.

Intestate/will makes no difference.

Also check they really need the grant. surprising the numbers that still think you need one when there is  a surviving legal owner.

Thrugelmir

What does "just started" actually mean?  You need to obtain clarification. 

jenni_fer

getmore4less said:

Land reg and planning(property and around) for everything you are looking at.

Don't need to pay anything till short listed.

Motivated sellers is the key.

Intestate/will makes no difference.

Also check they really need the grant. surprising the numbers that still think you need one when there is  a surviving legal owner.

I'd hope that the solicitor they apparently have involved would know if it's needed or not. Pretty confident there isn't a surviving legal owner.

Planning etc is a given for anything isn't it? Not specific to probate? Or am I missing something?