Probate Help!

Lillozza

I'm buying my first house where the owner and wife have died without a will. Offer was accepted in early October 2021 since then have been waiting on the lead probate, which came early Jan. Both their probates have now been granted. I thought this would be the end of the wait but no. We are now waiting on the grant de bonis non which i believe is so the children can legally sell the house. I have been given minimal information on the process (no answer on when the grant de bonis was applied for) and if it's complicated after that. My question is, when the grant de bonis is granted is there another step to tackle or should it straight to property report being sent for us to look over? I am being told that the sellers are very motivated to sell and are waiting on the revenue to buy a proprty of their own but im nervous.

I have chased repeatedly for weeks the estate and my solicitor to no avail and it's making me so anxious. My mortgage offer ends end of May and I'm panicking as rates have skyrocketed since.

Any help would be greatly appreciated. 

Thank you

canaldumidi

probate sales are often problematic and if there are any issues with executors, administrators, beneficiaries, it could drag out for months (years).

Keep looking.

If this purchase  progresses, great.If you find another in the meantime, move on.

badger09

You might find someone with experience in this unusual situation if you post on the
Death Funerals & Probate board. (Sorry can’t work out how to link to different board on my phone)

Thrugelmir

Lillozza said:

 

 My mortgage offer ends end of May and I'm panicking as rates have skyrocketed since.

You've the best part of 3 months still. No need to panic. The Grant De Bonis Non is just an unfortunate by product of the circumstances of the situation. No one can give a timescale as down to how long it takes the wheels of bureaucracy to turn. 

Lillozza

Thank you all. I'll post in death, funeral and probate forum for clarity. 

getmore4less

Only grant for the last surviving owner would have been needed.

To need the Grant De Bonis Non the named administrator (s) on that grant would need to have died or lost capacity.

Pretty rare if administrators are chosen carefully.

Lillozza

Both had died. Husband owned house and wife died very shortly after. 

sammyjammy

Lillozza said:

Both had died. Husband owned house and wife died very shortly after. 

I believe they meant if the administrator had died.  Its the second death of the couple that needs the grant.

getmore4less

Lillozza said:

Both had died. Husband owned house and wife died very shortly after. 

They need the grant for the husband if he was the sole owner

if they got that with the wife as administrator that would be an issue now she has died intestate


How long is short time because there is an auto survivorship period  with intestate estates that changes the beneficiaries.

if the administrator(s)on the grant have died or lost capacity then that when the Grant De Bonis Non is needed.

if the last of those died and had a will there may be an executor chain. 

it is not clear if there were errors of judgement here in processing the estates, ie if the couple were elderly you would normaly pick younger people to take on administration(maybe jointly)  in order to avoid these types of situations.