Probate - how long can it take

[Winterwalkmix]

I have a problem with the house attached to mine, that is causing structural issues to my house. I took legal advice, which was to take them to court, having sent the correct letters etc. The inhabitants left and the house is now empty - but it turns out there is no legal owner. From what I can find out the property has been in the probate system for over 20 years, due to a sibling disagreement following their parents death (parent used to own the property). As a third party is there anyway I can take legal action, despite there being no owner? Is there anyway I can move the probate process along? Is there a time limit as to how long probate can last? I feel like I'm stuck with this, watching the damage next door causing us problems.

The property absolutely does have a legal owner. If the executors still have not distributed the estate, it belongs to the estate of the deceased owner. You can take legal action against the estate.

Thank you, that's really useful. @prh47bridge

As the poster above said, it has an owner. You will need to check you can still make a claim against the estate as it’s been so long and there possibly may be a time limit, but if you seek legal advice and they say it will be ok to claim, go ahead and do it.

Although make sure costs don’t go above what the property is worth as you will be in minus money, a house that’s falling down or has structural problems won’t be worth it’s full value so take that into account

It its empty you can contact the local council who should have an empty property officer working in housing or environmental health.. They have powers to get the legal owners to carry out any safety repairs and make property safe ( such as leaks etc which are affecting neighborhood properties etc) and can also force a sale through compulsory purchase ..( but that is not usually a fast option and last resort )

Also on probate properties through the solicitor/ exectutor of the estate. Though its a difficult process when a house is 'stuck' its definitely worth contacting the EPO

Thanks @Laska2Meryls and @NoNameHere12. I have been in touch with the Environmental Health and Empty Property team and whilst they say there are notices that they could serve to make the owners carry out the repairs, they are unable to serve them as there are no legal owners. This has been to the local authority legal team who apparently agreed with that. I will challenge them and suggest that the estate is the legal owner and see where it gets me