Building survey before Grant of Probate

Baggypuss

I had an offer for a property accepted last month, with the owner's children managing the sale as the owner had gone into a care home. I have been told last week that the owner had passed away and the property is awaiting for a grant of probate. The property is in a poor condition with signs of rising damp, so a building survey is needed. Should I delay the survey until grant of probate is issued? I have already paid for 3rd party searches before being told of the death.

propertyrental

Yes delay. Probate will take weeks, probably (many?) months. And you don't know whether one of the children might decide to keep it.

Baggypuss

good point. I have been concerned that after a long period of waiting for probate, the sellers may pull out.

propertyrental

owner only passed away last week. It's very early days. Do you know if there was a will? Who are the executors? If no will, has anyone appiied for the role of administrator?

There is a long way to go, especially if the deceased's estate hits the IHT threshold and assets need to be valued and IHT paid before Probat can be granted.

Too many unknowns and potential hiccoughs.

Baggypuss

I don't know anything, including whether there was a will. I assume the children would have had power of attorney as they were managing the sale before owner passed away. Can I ask my conveyancer to enquire regarding the will, nature of the situation, etc or is this insensitive to ask at this time?

jonnydeppiwish!

With so many unknowns, it would be worthwhile starting to look elsewhere, but keep in contact with the EA. It could be a matter of 6 weeks wait or in to 9 months dependant on assets and will (and beneficiaries who may want to keep the house).

FreeBear

Realistically, you are looking at 18 months, perhaps longer if there are any disputes.

It took me nearly a year to complete the paperwork on *this property, and I was an executor (fortunately, no disputes to resolve).

Bookworm105

Baggypuss said:

I don't know anything, including whether there was a will. I assume the children would have had power of attorney as they were managing the sale before owner passed away. Can I ask my conveyancer to enquire regarding the will, nature of the situation, etc or is this insensitive to ask at this time?

power of attorney ceased with the death
responsibility now passes to an executor (if there is a will) or administrator (if there isn't)

conveyancer enquiry "now" may be seen as a simply a matter of ongoing business dealings, rather than an impatient intrusion at a sensitive time, but you have no way of knowing who will react how until "you" ask. In the circumstances of a sale that was already underway, I think it is reasonable to enquire as to the new circumstances of maintaining that sale.

Hoenir

Baggypuss said:

I don't know anything, including whether there was a will. I assume the children would have had power of attorney as they were managing the sale before owner passed away. Can I ask my conveyancer to enquire regarding the will, nature of the situation, etc or is this insensitive to ask at this time?

A polite enquiry through the EA is likely to be more fruitfull. They should have a handle on the situation. Nothing is likely to happen for some weeks though. 

Baggypuss

Many thanks for your suggestions. I had no idea how complicated and prolonged the situation I may have found myself in. I will postpone the survey and enquire with the EA as to where the sellers stand. My conveyancer informed me from her own experience, it would take up to 4 months to obtain grant of probate. From your replies, the process may take longer, so I will continue looking at other properties just in case.

Bigphil1474

It took a year from my dad's death in 2022 to his house being sold in 2023. We got probate fairly quickly, 3 months, but I did that myself as an executor. My OH's dad died last year, and he had a solicitor as executor, probate took 6 months, and the house has SSTC, due to go through anytime now, 14 months after he died. Not a great year or two.

Personally, I'd cut my losses if they've just died - if an empty house needs a lot of work now, it will need even more by the time it's sold.