Conveyancing on a probate sale

retroman62

Dear Forumites
I dealt with my late father's estate myself (he died last August) and obtained Grant of probate in April. I have this week appointed solicitors to deal with the conveyancing of his house now that we have finally had an offer on his house (albeit below the probate value). The solicitors are charging me a "probate fee" because they say there is more work associated with a probate sale than a normal one. Does anyone have experience of this who can enlighten me on the mystique of a probate sale beyond the two minute job of actually checking the names on the Grant of Probate?

TonyMMM

Sold a house recently that was part of an estate for which I was executor and obtained probate .... my solicitor certainly didn't make any extra charge above the normal conveyancing. In fact she said it was easier than a "normal" sale because as I wasn't  living in the house it was quite acceptable to answer "not known" to lots of the usual buyer enquiries.

tetrarch

retroman62 said:

Dear Forumites
I dealt with my late father's estate myself (he died last August) and obtained Grant of probate in April. I have this week appointed solicitors to deal with the conveyancing of his house now that we have finally had an offer on his house (albeit below the probate value). The solicitors are charging me a "probate fee" because they say there is more work associated with a probate sale than a normal one. Does anyone have experience of this who can enlighten me on the mystique of a probate sale beyond the two minute job of actually checking the names on the Grant of Probate?

This is outrageous - find another solicitor.

We agreed a house sale 10 days ago. Our solicitor has told us that we are basically now "ready to go" as all our forms, ID checks etc are complete. The only possible adde complication is that you have to prove tht you are able to act as seller and the Grant of Probate does that, offsetting this is that ~(I assume) that no mortgage to clear makes it so makes it even easier with no charge to release and monies to agree.

Regards

Tet


  

Dave_5150

As others have said there is likely to be less work involved in a probate sale so get another solicitor and get a few quotes beforehand too. 

uknick

Don't forget, if you're selling below probate value and IHT was paid you might be able to get a refund on the IHT.

Flugelhorn

TonyMMM said:

Sold a house recently that was part of an estate for which I was executor and obtained probate .... my solicitor certainly didn't make any extra charge above the normal conveyancing. In fact she said it was easier than a "normal" sale because as I wasn't  living in the house it was quite acceptable to answer "not known" to lots of the usual buyer enquiries.

I similarly sold one - absolutely no difference in fee, solicitor seemed to find it v straightforward, I gave them my ID, mother's grant of probate, father's death cert and will (as he was still on the LR) . Stated NK to most questions - was sold with "limited title guarantee" but was told that was normal for probate. All took about 6 weeks

kipsterno1

Have to agree with the other replys. When I sold my fathers house after getting probate the solicitor said its often more straightforward as they could bat of silly questions by just saying my client doesn't live there and has no knowledge about the property history.

It maybe worth asking them to outline what extra work is involved. 

Sarahspangles

Our solicitor charged us the standard fee for OH’s parents home - they didn’t charge for some initial guidance on probate scales, or increase the fee when the house value took the sale into their next fee band. 

retroman62

uknick said:

Don't forget, if you're selling below probate value and IHT was paid you might be able to get a refund on the IHT.

Dont worry, I'm all over it, but thanks for pointing it out. The refund will be quite substantial actually because of course the market has turned quite markedly over the last 6 months.

uknick

retroman62 said:

uknick said:

Don't forget, if you're selling below probate value and IHT was paid you might be able to get a refund on the IHT.

Dont worry, I'm all over it, but thanks for pointing it out. The refund will be quite substantial actually because of course the market has turned quite markedly over the last 6 months.

That's good to know.  It's amazing how many don't know that.  For example, the executor dealing with the estate I'm a beneficiary of has no idea.  They're trying to sell a house and even though I've even given them numbers which show selling for a market realistic price will net them more money after the IHT rebate they've still got it on for way above any realistic sale price.  

BooJewels

I can reiterate what others have said - sold 2 estate properties in just over a year and just paid the conveyancing solicitors published selling fees. In fact, I'd be prepared to bet it was even easier than sorting out a mortgage and potential chain if we were buying as well.

I'd give that solicitor a wide swerve.  Sounds like he thinks use of the word Probate and the mystique that seems to surround it in some circles is a licence to print money.