Certified Grant of Probate?? 5 December 2022 at 5:08PM in Deaths, funerals & probate 8 replies 592 views

ncfc_1902

Hi,

We've been waiting on probate to be granted in relation to a house that we want to buy. Probate was finally granted on 29th November and I have managed to obtain a copy of the grant online and sent such on to our solicitors. This grant includes the seal of the Probate Registry.

The solicitors have since come back to me and are saying that they require a 'certified' grant of probate from the seller's solicitor being that who was dealing with the probate application. Is anyone able to help me understand that a 'certified' grant is and what this needs to include which the sealed copy grant that I have doesn't already include?

Thanks,

Nick

shiraz99

It means they want the paper copy from the executor who holds the grant of probate I imagine.

SiliconChip

If probate was granted on 29th November the executor may only just have had the official grant paperwork from HMCTS (or may even still be waiting for it, given there were 2 days of RM strikes last week) so it could take a few more days for it to get to their solicitor and then to your solicitor. You must understand that your solicitor will require a certified copy of the original document rather than something that you've downloaded from the internet, while I'm sure you would never consider falsifying it it's not beyond the bounds of possibility that it could happen and your solicitor couldn't take the risk.

Flugelhorn

the grant will have to be one of the sealed copies that the vendor / executor will have

Cedartree123

We are going through the same process at the moment. As per above, the issue is likely to be the delay between it being granted, and a copy being sent to the vendor/solicitors. In our case it took around 10 days, which then needed to be sent to the sellers solicitors and then our solicitors - oh the joy of probate sales! 

The biggest hurdle is the grant of probate itself, which thankfully you are over. Hopefully everything else will fall into place soon

amtrakuk1975

We're in a short chain involving probate, were sold up and renting, our sellers are buying a probate house.  The probate sellers applied for Grant of Probate on 2nd Sept late year.  On the 4th Jan I got the message from our sellers "Everything is signed off, they just require another signature."  Then "Signatures for probate were done on Saturday" Assume 14th Jan.

Speaking to my solicitor yesterday about a related item, I mentioned everything is signed off their just waiting for the paperwork to come though, I was not expecting her to say, you realise that will be another 6-8 weeks!

From experience or knowledge, how much longer before Grant of Probate will land on the solicitors desk after its all been signed off?  No one, not even the sellers probate solicitors seem to know what's going on.

Thanks

p00hsticks

amtrakuk1975 said:

We're in a short chain involving probate, were sold up and renting, our sellers are buying a probate house.  The probate sellers applied for Grant of Probate on 2nd Sept late year.  On the 4th Jan I got the message from our sellers "Everything is signed off, they just require another signature."  Then "Signatures for probate were done on Saturday" Assume 14th Jan.

Speaking to my solicitor yesterday about a related item, I mentioned everything is signed off their just waiting for the paperwork to come though, I was not expecting her to say, you realise that will be another 6-8 weeks!

From experience or knowledge, how much longer before Grant of Probate will land on the solicitors desk after its all been signed off?  No one, not even the sellers probate solicitors seem to know what's going on.

Thanks

I'm not an expert and I don't want to panic you but 'awaiting signatures' would suggest to me that that the probate application hasn't even been submitted yet ? A probate application isn't 'signed off' by the Probate Office, it;s granted, so there's no need for signatures at that stage.

I think you need to go back to your sellers and ask them to clarify exactly what they mean by '"Everything is signed off, they just require another signature."  That term in itself is contradictory - either everything is signed off, or they need antoher signature, it can;t be both.

(Edit - I've just realised that (I think) it's not your sellers who are selling/ you buying the probate property - it's the people that your sellers are buying from, so one step removed up the chain ? (confused by your mention of the sellers probate solicitors). It sounds like there is some confused messages coming down the line....)

amtrakuk1975

p00hsticks said:

amtrakuk1975 said:

We're in a short chain involving probate, were sold up and renting, our sellers are buying a probate house.  The probate sellers applied for Grant of Probate on 2nd Sept late year.  On the 4th Jan I got the message from our sellers "Everything is signed off, they just require another signature."  Then "Signatures for probate were done on Saturday" Assume 14th Jan.

Speaking to my solicitor yesterday about a related item, I mentioned everything is signed off their just waiting for the paperwork to come though, I was not expecting her to say, you realise that will be another 6-8 weeks!

From experience or knowledge, how much longer before Grant of Probate will land on the solicitors desk after its all been signed off?  No one, not even the sellers probate solicitors seem to know what's going on.

Thanks

I'm not an expert and I don't want to panic you but 'awaiting signatures' would suggest to me that that the probate application hasn't even been submitted yet ? A probate application isn't 'signed off' by the Probate Office, it;s granted, so there's no need for signatures at that stage.

I think you need to go back to your sellers and ask them to clarify exactly what they mean by '"Everything is signed off, they just require another signature."  That term in itself is contradictory - either everything is signed off, or they need antoher signature, it can;t be both.

(Edit - I've just realised that (I think) it's not your sellers who are selling/ you buying the probate property - it's the people that your sellers are buying from, so one step removed up the chain ? (confused by your mention of the sellers probate solicitors). It sounds like there is some confused messages coming down the line....)

Thanks, yes its our sellers who are buying the probate property (up the top of the chain).  There is a ton of questions, which don't get answers.  Sorry i may have confused my question, Apparently the application has gone though the courts and by the sound of it they are waiting on the probate paperwork to come back.  Just concerned the probate sellers were still signing paperwork in December.  Being 2 steps down the chain I can only deal with my seller who in turn is dealing with their seller.  Were not sure if they are genuinely confused as to what's going on but or trying to keep us interested

KSS1991

@amtrakuk1975 - may I ask if you managed to complete on your house purchase? How long did the grant of probate took in total?