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Anyone know anything about probate? Got a horrible feeling about this...

9 replies

IHeartKingThistle · 05/08/2010 14:21

Hi

We're currently well into the process of buying a probate property (or so we thought until yesterday). When the offer was accepted they told us that probate had been applied for and they were expecting it within 2-3 weeks. That was 6 weeks ago.

For the last 3 weeks we have been told that we were waiting for the Inland Revenue to send back a receipt for a payment (I'm not very clear on this!) at which point probate paperwork could be sent off, which should only take days apparently. Yesterday we found out that the payment hasn't even made it to the Inland Revenue yet.

Am I making any sense? Anyway the problem is we HAVE to be in by the end of August so I can start my new job (we're relocating) and the DCs can start pre-school/nursery.

I just can't help thinking that this timescale is just not going to happen. Someone somewhere has misled us and I am so annoyed!

Does anyone have any words of wisdom on this? I'm getting really concerned.

Thanks - sorry for long and confusing post!

OP posts:
Wordsonascreen · 05/08/2010 14:23

we got probate within 2 weeks once the forms had been lodged (irrc they said 10 working days)

mumblechum · 05/08/2010 14:24

Doesn't make sense to me (I'm a lawyer btw). I think your conveyancing solicitor needs to find out what's going on and get back to you. The house shouldn't really even have gone on the market until probate had gone through, which can take a while.

The Inland Revenue have nothing to do with probate, they deal with inheritance tax etc.

Wordsonascreen · 05/08/2010 14:28

We are selling mil's house and her estate went to probate.

House went on the market before probate (very simple ) was granted. So it can be done (wether is should be is another matter!)

OP just had a thought .. we had to make an appointment to sort out probate (and lodge forms) and the next date we were given was for 2 weeks time

Sorry to say I think you're timescale is completely out

Get in touch with your solicitor/estate agent

IHeartKingThistle · 05/08/2010 14:31

Thanks, that makes sense, maybe the IR have to issue a receipt for payment of the inheritance tax?

Blimey even if it only takes 2 weeks that would still mean the forms would have to be sent off next week or something. Oh it's just not happening is it?

OP posts:
Wordsonascreen · 05/08/2010 14:38

I'd phone up your local probate office (google them) and ask what their timescales are.

IE if all the forms are ready what is their procedure and how long does it take.

Do not rely on the vendors to supply correct information.

get you're own facts and take it from there

if its only a matter of another week or so over the end of aug could you rent somewhere close/stay with friends so you can start schools/jobs?

I hope it all goes well for you.

IHeartKingThistle · 05/08/2010 14:40

Thanks. So any idea what we should do? Someone suggested seeing if they'll rent it to us short-term until it goes through (it's empty). Or is that too risky?

OP posts:
Wordsonascreen · 05/08/2010 14:44

It would be risky for the vendor (you might live in it and change your mind... or refuse to pay rent and squat !

For you I can't really see any huge risk (am assuming you are not selling you're own property?)

Don't ask don't get TBH

IHeartKingThistle · 05/08/2010 14:46

Sorry, we keep crossing posts I think! Thanks so much for the ideas, will keep chasing. I think if we had a definite date and it was only a week or two then it'd be OK, otherwise would be horrendous.

Thankyou!

OP posts:
IHeartKingThistle · 05/08/2010 14:47

We are selling unfortunately, 2 in chain below us. They're a bit more flexible than we are but don't want to risk losing them.

OP posts:
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