Buying a house with Probate granted

Tiddles124 · 11 October 2019 at 10:47PM

Hi. I put an offer down on a house about 6 months ago and soon after the offer was accepted we found out that probate had not been applied for. Long story short after 6 months of waiting we were told about 3 weeks ago that it had been granted and we would start seeing some movement. My own house is sold and we should be exchanging next week. However, I am now in a situation whereby I am having to move into rented because the house I want to buy has not even started with the conveyencing process. I was told 3 weeks ago that although probate was granted they had to request the title deeds from the bank as the house was not registered? I haven’t heard anything more. No documents have been sent to my solicitor (not even fixtures and fittings) I don’t know what I should do! I thought that after probate things would start to move but they haven’t. I have now seen a house a few doors down which has completed all probate which the agent told me took a year to sort out. I am thinking of pulling out and putting offer on this one but am worried I might end up in the same position ! Help! Also the house down the road have confirmed that they all papers ready, cheaper and has more potential however I don’t know if it worth the risk! Anyone else had a similar experience?? Should I hang on for the land registry papers? Or do they also end up taking months to come through?

HHarry · 11 October 2019 at 11:12PM

The Land Registry issue will depend on what historic paperwork (deeds) is available.

If it's all in order it won't take very long, and will have little effect on the process.

If it's not, the Sellers will have to pull together evidence of the ownership of the property to satisfy Land Registry is all in order. And that may not be quick.

Tom99 · 12 October 2019 at 4:27AM

Is the house down the road already registered?
Why not put in an offer on this house if you think it is a better buy and decide what to do only if your offer is accepted?

AdrianC · 12 October 2019 at 8:10AM

Tiddles124 wrote: »

I was told 3 weeks ago that although probate was granted they had to request the title deeds from the bank as the house was not registered?

No great surprise there - it just means it's been in the same ownership since the 80s or before. Which is not uncommon among the demographic whose houses are being sold via probate...

I haven’t heard anything more. No documents have been sent to my solicitor (not even fixtures and fittings) I don’t know what I should do! I thought that after probate things would start to move but they haven’t.

Just because things aren't coming through to you yet doesn't mean they aren't moving.

I have now seen a house a few doors down which has completed all probate which the agent told me took a year to sort out. I am thinking of pulling out and putting offer on this one but am worried I might end up in the same position ! Help! Also the house down the road have confirmed that they all papers ready, cheaper and has more potential however I don’t know if it worth the risk!

They'll be at the same stage of the game as this one - everything starting from more-or-less zero, but no great roadblocks from here on in.

Anyone else had a similar experience?? Should I hang on for the land registry papers? Or do they also end up taking months to come through?

The deeds may never turn up. Then there's a process for registering.

https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

babyblade41 · 12 October 2019 at 8:32AM

Check on LR to make sure the other house has been registered first and then decide .

Hutch100uk · 12 October 2019 at 8:33AM

Hi there, conveyancing should have been running in parallel with the probate application so probate is no excuse for the long delay. The title deeds issue could have been getting sorted at the same time.
I just exchanged on my purchase on a probate house and the application ran alongside the conveyancing, so once probate was granted, it was only a couple of weeks until we were in a position to exchange.
My next door neighbour had a similar issue as you're having but she was selling her father's house who passed away. Her solicitor hadn't even applied for probate for the first 3 months so the whole process took forever. Then they discovered the house wasn't registered.
Put it this way, this all started in January and they still haven't moved out!

kinger101 · 12 October 2019 at 9:10AM

If it were me, I'd either renegotiate the price on price (a) or buy house (b).

Tiddles124 · 12 October 2019 at 10:07AM

Thanks everyone. I did a search and the second house is all registered which falls in line with what the agent said. The original house is not showing up as per the issue. I agree that things should still be moving along parallel so that we could be in a position to exchange but as it stands we haven’t got anything through. So with both properties I would be looking at 6 weeks min

I am going to put in an offer for house B today and see what happens.

getmore4less · 12 October 2019 at 12:32PM

There should have been nothing stopping them progressing the paperwork for the sale while waiting for probate.

Executor* powers come from the will and they could have had everything ready for exchange during the waiting period, they could have even exchanged but not recommended for various reasons just needing the grant to complete the sale.

* that assumes "probate" has been used in the correct context of will with named executors and not the generic.

Even if it is letters of administration most institutions cooperate with prospective administrators to allow progression of the application for a grant.

Leave the current place in limbo don't spend another penny till the administrators get their act together.

Keep looking and if there is something close by might as well investigate that while waiting.

Bossypants · 12 October 2019 at 3:58PM

Tiddles124 wrote: »

Also the house down the road have confirmed that they all papers ready, cheaper and has more potential however I don’t know if it worth the risk!

Beware of falling into the 'sunk cost' fallacy. The time you have spent waiting is not coming back, and it does nothing to take away the rist from your currently purchase. Right now, it looks like the two are basically equal, in that no real conveyancing work has begun, so there is risk of issues cropping up with either one. Looking at it objectively, as of right now, the second house is more appealing in every way, so there is really no reason at all for you to keep pursuing the worse option just because you've mentally 'committed' to waiting on it.

PLEASE READ BEFORE POSTING

Buying a house with Probate granted

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free