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House I am buying is in probate, how long will it take?

30 replies

tortoiselover100 · 24/03/2021 05:39

Hi

So I put an offer in on a property yesterday. I am proceedable (house sold & AIP). I said that I hoped to exchange and complete within 3 months, but the EA said the house was in probate to 3 siblings. I guess it will take longer but how long is a piece of string, right? Has anyone else been in this situation and how long did it take?

OP posts:
ivykaty44 · 24/03/2021 05:45

Have the siblings excepted the offer?

SpeakingFranglais · 24/03/2021 05:56

Has the property been registered with the land registry previously?

If it hasn’t, and it’s not uncommon if the house was lived in for decades, then months and months and months .....

Baxdream · 24/03/2021 06:07

A house near me sold as probate in January 2020 and it's still not completed

CherryMaple · 24/03/2021 06:10

We have just sold a house in probate. Probate took about 3 months to come through - we applied before the house went on the market. We accepted the buyer’s offer at the start of January and are completing next week.

The probate solicitor said that HMRC will expedite the probate application if an exchange date is looming.

tortoiselover100 · 24/03/2021 06:12

Ok thanks for the feedback so far, so it doesn't have to hold up the sale if the siblings accept the offer. For info yes they have accepted.

OP posts:
MinnieMountain · 24/03/2021 06:14

The house being unregistered would not be a factor in how long it takes.

tortoiselover100 · 24/03/2021 06:14

@SpeakingFranglais

Has the property been registered with the land registry previously?

If it hasn’t, and it’s not uncommon if the house was lived in for decades, then months and months and months .....

I'll check this, it should be quick to get a land registry title and plan.
OP posts:
tortoiselover100 · 24/03/2021 06:17

@MinnieMountain

The house being unregistered would not be a factor in how long it takes.
Ok, I don't understand probate at all so I really don't know what factors would impact.
OP posts:
MinnieMountain · 24/03/2021 06:29

Probate and whether or not the house is registered at the Land Registry are different things.

The main effect on you is that after completion an unregistered house can take longer to register and the Land Registry charge a higher fee.

bez91 · 24/03/2021 06:32

We sold a house we had to get probate for (deceased relative) we accepted an offer but the sale couldn't be completed until we received it. Probate took around 5 months, it completely varies

pilates · 24/03/2021 06:40

It depends how complex the probate is but they are taking longer than normal.

ApplestheHare · 24/03/2021 06:45

We bought a probate house and it only took a couple of months but there were no chains, we were cash buyers and it was in 2018, so well before the pandemic. The seller didn't have to wait long due to probate, it was sorted within weeks.

MrsJamin · 24/03/2021 06:47

We've just bought a probate house from three siblings, actually. You need to know when the probate process was started. Its not very clear from your posts and the EA should know. I think ours had finished that process by the time our offer was accepted, it didn't seem to make it any more complicated than it was anyway. I wouldn't let it put you off. I guess you might be wanting to get in before stamp duty is changed back to normal. Additionally, My tip would be to pay for a massive deepnClean by a professional company after the house is cleared and before you move in. Probate houses are normally pretty skanky and there's no way the siblings will care to clean thoroughly after the stuff has been removed. It was quite a lot of money but worth every penny! Good luck, we love our old man's House!

GertiMJN · 24/03/2021 06:53

My siblings and I are in the process of selling our late parents' house so am experiencing the process the other way round.

Firstly I suggest you ask the EA exactly what point in the process the executors are at. Have they actually applied for probate?

We have been advised that pre-covid it normally takes up to 8 weeks from application to grant of probate and that currently might be up to 12 weeks. So not a massive difference

BUT it has taken us 8 months to get to the point where we can actually apply for the grant of probate!

So, ask the EA where they are in that process to get a better idea.

Good luck

tortoiselover100 · 24/03/2021 07:07

@MrsJamin

We've just bought a probate house from three siblings, actually. You need to know when the probate process was started. Its not very clear from your posts and the EA should know. I think ours had finished that process by the time our offer was accepted, it didn't seem to make it any more complicated than it was anyway. I wouldn't let it put you off. I guess you might be wanting to get in before stamp duty is changed back to normal. Additionally, My tip would be to pay for a massive deepnClean by a professional company after the house is cleared and before you move in. Probate houses are normally pretty skanky and there's no way the siblings will care to clean thoroughly after the stuff has been removed. It was quite a lot of money but worth every penny! Good luck, we love our old man's House!
Great tip thanks Mrs Jamin
OP posts:
tortoiselover100 · 24/03/2021 07:08

@GertiMJN

My siblings and I are in the process of selling our late parents' house so am experiencing the process the other way round.

Firstly I suggest you ask the EA exactly what point in the process the executors are at. Have they actually applied for probate?

We have been advised that pre-covid it normally takes up to 8 weeks from application to grant of probate and that currently might be up to 12 weeks. So not a massive difference

BUT it has taken us 8 months to get to the point where we can actually apply for the grant of probate!

So, ask the EA where they are in that process to get a better idea.

Good luck

Thanks, I will, I'm not clear if it has been applied for or not
OP posts:
makesIlaugh · 24/03/2021 08:16

Probate really is how long is a piece of string. My mum died in Jan and probate was completed with 2 months, uncles took a year. Depends how complicated their life and finances were, which you obviously don't know.

CherryMaple · 24/03/2021 09:34

We - the sellers - have paid for a professional deep clean before the buyers move in. Hopefully you will be pleasantly surprised OP Smile

emma123456 · 24/03/2021 20:30

We are trying to buy a probate house... it’s been a nightmare. Seller said probate wasn’t an issue, 14 weeks later we are still waiting. Probably on cusp of losing our sale now. Wouldn’t recommend it!

GETTINGLIKEMYMOTHER · 25/03/2021 07:58

A dd bought one, and IIRC it went through in about the usual time, I.e. 3-4 months.
A lot will depend on how straightforward the estate is.

RaeRaeMama · 25/03/2021 08:17

Hey OP

I haven't read through all the replies to you so someone may have already advised you

First of all you want to find out has the probate actually been submitted yet? Or is the solicitor dealing with that still putting everything together?

The agent needs to ask the solicitor dealing with the probate these questions. If it hasn't been submitted, can they offer an indication of what time scale they intend to submit it by?

If it has been submitted, how long does the solicitor expect it to take? Last I checked probate was taking 6-8 weeks to return. Note the solicitor dealing with the probate won't be the same person dealing with the conveyancing, also there is a possibility one of the siblings could be dealing with the probate themselves with the help of a solicitor, but probably not.

Ordinarily, the sellers solicitor wouldn't issue draft contract papers to your solicitor until after they have probate as technically they the siblings don't own the property until probate is obtained. However, if you wait until they have probate then all the legal work for your purchase will still need to be done, so in order to save time I would personally instruct my solicitor to begin work ASAP.

Your solicitor can't begin work until they have the daft contracts though. So you need to tell the estate agent to contact the sellers solicitor and ask them to forward draft contracts right away so your solicitor can get on.

When your solicitor has draft contracts or in the very least the title, they can request searches (on average these take three weeks but it depends what area you are in, they could be significantly faster or much slower).

If for some reason the property isn't registered as someone suggested above, this just means the title hasn't been electronically registered and the sellers solicitor will need to get the original title which more than likely is held at another solicitors. It takes a bit longer but shouldn't cause a problem

Hope this helps

RaeRaeMama · 25/03/2021 08:21

Oh and if they have the probate back.. then it will take no longer than any normal sale :-) and there's nothing to worry about!

Mabelene · 25/03/2021 08:23

I am also in the process of selling a probate property. Probate was applied for early September and the grant came through a few weeks ago, so 6 months ish. We still don’t have a date for exchange

lizwells2020 · 25/03/2021 08:28

I am selling a probate property at the moment. Basically if they don’t have to pay inheritance tax then probate is really quick- like 4-8 weeks- then it proceeds as a normal sale.
If they do have to pay inheritance tax then getting probate can take ages. May be worth finding that out if you’re worried?

Mabelene · 25/03/2021 08:42

We didn’t have to pay inheritance tax, it still took 6 months

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