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Original poster

Delayed completion due to probate! at my wits end!

26 replies

emzybabble · 22/07/2021 17:22

So we were due to move into our new home on the 19th July, however on the 9th of July we got a phone call to say the vendors we are buying from, where they are moving to that the Probate is still going through, and they are waiting for it to be granted.

I was fuming, as this was just a week before moving date, we got told this! I have asked for constant updates about where it is up too, how long has it got left, what stage is it at! Not only that, but I have been told it's due imminently, what does actually imminently mean when I was told this on the 9th July? Now a week or so later... I think it's a lie... No one is giving me straight answers or rough dates, all I've been told so far is that the solicitors have written a complaint to the probate office?! Um, so? D:

The whole no idea of what's going on with it, is making me lose my mind and is affecting my mental health hugely. I am worried our buyer will pull out due to them waiting the longest now.

I am thinking I may ask if it is possible if they can move into rental, so the chain can move along!

I am so sick of it all, its making me want to run away!

Thank you, any support/ advice or similar situations please do help.

OP posts:

SusanBAnthony999 · 22/07/2021 17:25

Probate is taking between 10 and 12 months at the moment. Can you find out when they actually applied?

We have a similar dilemma as we are considering buying from someone with a Power of Attorney but we are worried the owner might die imminently and the whole process will be frozen while they apply for probate.

Original poster

emzybabble · 22/07/2021 17:29

@SusanBAnthony999 I think I was told it was applied for in December 2020 then it got changed to that they applied in March 2021! So confusing and annoying and so fed up with honest, straight answers :(

OP posts:

Original poster

emzybabble · 22/07/2021 17:30

* no honest, straight answers. Typos sorry, getting upset x

OP posts:

KleineDracheKokosnuss · 22/07/2021 17:34

We are waiting for probably to shift the top end of our chain, so we are going into rented. Probably is taking a long time, but the bigger issue is they appear to be actively misleading you (changes in dates).

I would demand a telephone call with whoever can tell you definitively what is going on.

I would also say that everything is booked and they should go into rented/temp accommodation give the late notice.

Fizzgigg · 22/07/2021 17:34

We had the exact same thing happen. Apparently the people selling to us didn't know the house they were buying hadn't had probate granted yet. We all only found out in mid June as we were gearing up to exchange (and complete before end of June deadline). It's all ongoing and no info forthcoming on probate so we pulled out. Didn't want to pay the extra stamp duty on this property and have found somewhere else

ChicChaos · 22/07/2021 17:38

Do you mean that the house your vendors are buying is the one with the probate issue, not the house that you are buying?

If it is the one your vendors are buying yes, you can ask them to go into rented property. They might not be keen and it wouldn't help the chain above them as they (your vendors) can't complete on the property they are buying.

They may say the same to you though, would you move into rented property to complete the sale of your house? You say your own purchasers have been waiting the longest so are they at the bottom of the chain?

SusanBAnthony999 · 22/07/2021 17:38

Ask them for a copy of the probate request paperwork. That way you will know where you actually stand.

If they only applied in March 2021 and your solicitor has given you the impression you would be able to exchange and complete by mid July I would complain as that is not a realistic timescale. Solicitors and conveyancers know this.

Bananaman123 · 22/07/2021 17:55

Unfortunately probate is taking much longer because so many people have died due to covid. The solicitors should have kept everyone up to date. I doubt there is anything they can force this through quicker as legally the property can't be sold without it.

Its utter shit for you though. Hope it gets sorted soon

RunnerDown · 22/07/2021 17:59

I’m very surprised they were able to put the property on the market before probate was granted. Have recently been through this ( but before COVID) It took about 9 months for probate to be granted and it was an uncomplicated case

chellingham · 22/07/2021 18:10

We had probate come through last week. Spoke weekly to probate. They are working to last week in March now so it could possibly be true that it's imminent.

FizziWater · 22/07/2021 18:35

They really shouldn't have put the house on the market until probate was granted!
When my mother died last year I did the probate myself and it took 5 weeks. I didn't appoian estare agent until I had the legal right to sell.

Soontobe60 · 22/07/2021 18:44

@SusanBAnthony999

Probate is taking between 10 and 12 months at the moment. Can you find out when they actually applied?

My DD was in this precise situation last month! Their vendors were buying a property that was being sold via POA for someone who was in a care home, but was also very poorly. It was an anxious time as if they had passed away before exchanging it would have had to go through probate.

Arrow03 · 22/07/2021 20:39

It is such a frustrating situation! I had similar earlier this year. We had said all along we needed to exchange by a specific date (school applications) and only found out two weeks before our deadline we were in a chain with a probate sale! In the end gave an ultimatum to exchange by our specified date or we'd (reluctantly!) pull out as we'd miss the school application cut off. Our part of the chain (houses 1-3) did then all exchange but we left a two month gap between exchange and completion to maximise the chance of probate to get sorted at the top of the chain (property 4). Don't know if that's an option here? Obviously it depends on the person buying the probate property being willing to stay with family/rent if probate doesn't come through in time. It is really tricky. You have my sympathies!

IntrovertedGal · 23/07/2021 12:59

They said they applied for it in April/ may time! I’m not getting anywhere, I’ve asked if they could move to temp accommodation! The vendors have a huge caravan.

WEIFHWYOEIG · 23/07/2021 17:52

@SusanBAnthony999

Is that the whole probate process or from date of application for probate to be granted? Because from info I can see online (from this year) it is apparently taking 8 weeks currently

IntrovertedGal · 23/07/2021 18:11

Date it was applied for was in April/May supposedly

kerosene20 · 23/07/2021 18:36

Lot of hysteria on this thread! I do probate and it’s taking 1-4 weeks at the moment on the whole from applying.

IntrovertedGal · 23/07/2021 18:52

I don’t understand why mine is taking so long then…

Gettingonabitnow · 24/07/2021 07:06

@emzybabble I feel for you, we waited (and still
Haven’t exchanged) well over a month for an issue to be resolved on a probate house, even after probate had been granted. I don’t think it’s necessarily the probate that takes so long per se, it’s the liaising with the family, getting back to solicitors blah blah blah that drags it out. I’d keep looking around to be honest. Good luck xx

CoronaPeroni · 24/07/2021 07:33

Probate on my inherited house took a year and was granted in April. After that I still had to wait 3 months for the transfer of ownership document from Land Registry to come through. Could they (and you) also have to wait for this?

TheGriffle · 24/07/2021 07:41

Not probate for us but a land issue with our buyers property has meant we have been waiting nearly 9 months now and still not exchanged. We lost the property we were buying last month as they were sick of waiting so had to find something else. Luckily found a wonderful chain free house so hoping it will only be a month or two more. So I understand your frustration, we were initially told we would be moving mid March before this issue came to light.

kerosene20 · 24/07/2021 09:27

I think a lot of people misunderstand what probate is. It’s a piece of paper. You apply once you have all of the estate information, bank account values etc. This part (called estate administration) can take months/sometimes a year or so. Then when you have all that you apply for probate. From the date it’s submitted at the moment it is taking 2-4 weeks unless it can’t be done online so it’s taking 4-8 weeks. Then you can complete the sale and finish the administration once you have all the money in. Most people start the sale before they have probate in their hands and sometimes this backfires but it usually works out fine.

FizziWater · 24/07/2021 11:46

Kerosene is right.
Probate itself doesn't take long to come through. What does take months is solicitors. If you appoint a solicitor to deal with probate there will be no hurry.
What often takes the time is getting all the assets valued and submitting IHT returns.

I have done my own probate for parents and brother in law. The longest took six months but that was waiting for asset valuations.
Last year when my mother died I had all the paperwork ready within a month - that was me working on it exclusively, and the probate came through within another couple of weeks. I didn't put the house on the market until I had the probate.

DowntonCrabby · 24/07/2021 11:49

We went through this years ago, it ended up taking 7 months but we’re in Scotland so I’m not sure if things are faster or slower here in general.

Zoe1991 · 27/01/2022 15:17

@emzybabble I have just come across this post whilst searching for assurance in a very similar situation! I hope it worked out for you in the end.
May I ask, how long did it end up taking from the probate being applied for?

Our sellers seller applied for probate in August 21, and we only found out this month that it was missing (after agreeing a completion date). The probate office keep saying it will be issued imminently, but they said this weeks ago.

I'd love to hear the outcome of your experience, so that I can gauge what the best thing to do is!

Thank you !

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