Buying a house going through probate

[EverydayCook]

Can anyone advise or share their experience of doing this? Any pitfalls to watch out for? There's something we are keen on but it's all a bit unclear what the process and timings would be. Probate applied for but not yet granted, one of the beneficiaries of the sale (there are several) is currently staying in the house and would need to find somewhere to go.

We are currently waiting on probate for my MIL. Advised not to put the house on the market until it’s through. Surely that’s normal no?

DH sold his DP's house last year, after they both died. Solicitors said he could put it up for sale before the estate was settled, just not actually sell it. So it went up for sale while the estate was being wound up. In the end the buyers had to delay their entry date by 2 weeks, as the settlement was slightly delayed (because Covid).

@Travielkapelka - it seems pretty common that people put the house on the market at the same time as applying for probate (as ICouldHaveCheckedFirst mentions above!).

I'm assuming @ICouldHaveCheckedFirst that your DH did accept an offer while waiting for probate to come through? That's the bit that's really vexing me - we've offered what they asked but they have still haven't officially responded after over two weeks. I'm wondering if there's a technical reason and this is to be expected?

[quote EverydayCook]@Travielkapelka - it seems pretty common that people put the house on the market at the same time as applying for probate (as ICouldHaveCheckedFirst mentions above!).

I'm assuming @ICouldHaveCheckedFirst that your DH did accept an offer while waiting for probate to come through? That's the bit that's really vexing me - we've offered what they asked but they have still haven't officially responded after over two weeks. I'm wondering if there's a technical reason and this is to be expected?[/quote]
Yes mine was all sorted from searches to enquiries. We were then were at a stalemate waiting for the certificate of probate but everything was ready to go as soon as it was through.

[quote EverydayCook]@Travielkapelka - it seems pretty common that people put the house on the market at the same time as applying for probate (as ICouldHaveCheckedFirst mentions above!).

I'm assuming @ICouldHaveCheckedFirst that your DH did accept an offer while waiting for probate to come through? That's the bit that's really vexing me - we've offered what they asked but they have still haven't officially responded after over two weeks. I'm wondering if there's a technical reason and this is to be expected?[/quote]
Maybe they are just waiting to see if they get a better offer?Mine accepted within the hour of the offer. That was back at the end of March. Completion on Friday.

It is a nightmare though as you would want to know one way or the other. What does the estate agents say?

Probate will take as long as it takes. We bought a probate property, the beneficiaries had applied before the property went on the market. We found it in October, probate was granted less than 2mths later, moved in Feb. It’s is so variable. Good luck.

Yes, DH accepted the offer and the sales process carried on as normal from that point. Ownership of the house couldn't be transferred until the estate had been settled. Our solicitor had made sure the buyers and their solicitor were aware from the outset that this was a risk. Luckily the buyers were able to wait.

Must be frustrating for you OP. Seems rude to me that they won't give you an answer. What does your solicitor say?

If it makes any difference, the house was in Scotland, was being sold by an estate agent, and went to a closing date. The EA phoned DH early afternoon on the closing date, told him what the offers were along with any conditions (eg entry date, proceedability), he accepted one and that was that.

@Rosegoldfan I suspect they might be thinking about trying to get more for it. Although it's already a crazy price compared to what it would have been a year ago! We have asked what it would take to get them to accept an offer (i.e. above the asking price offer we've made) but as yet, no response.

@ICouldHaveCheckedFirst - we're not in Scotland but I would have expected to offer, be accepted, and then know we were in for an unspecified wait. Sounds like we are in an unusual situation.

12 months here. There were some added complications, but it was 12 months from offering to getting the keys. It's why we have never moved again (it was our first house, so no chain, no issue our end).

I’m the executor for a probate property. You need to put some pressure on. Say your offer stands for the next week, then you want an answer and you want them to take the house off the market after they’ve accepted the offer.

That’s what our buyers said and I don’t think it’s unreasonable. We are hoping to exchange contracts soon, before probate.

Sounds like the vendors are holding out for a higher offer. It’s a bit cheeky.

@harlechh I think that's our next move today. The uncertainty is really unsettling. If they want more money then at least the deadline will flush them out. We really need to know if they have any intention of selling to us or are going to try and market it for more!

Can you exchange before probate has come through? My EA said that it's not possible. We'd hoped to do this to lock the sale in, then wait out probate before completing, but apparently not? Are you in England?

I’m surprised at all the delays mentioned. We sold my Mum’s house after her death 2 years ago. House went on the market in the July and sale completed in the October.

It’s a horrible experience as a vendor, especially if house has emotional memories and I’m not sure I would have coped with a process dragging on a year or more.

@CTR1000 I'm sorry to hear the process was so horrible for you. I can imagine the emotional toll it could take. We have been mindful of this so have been patient and respectful of the vendor's apparent need for time.

However, we do need to either have an offer accepted or quietly move on if it's not going to happen. We're willing to wait for probate as long as it takes, but we really do need to be told if we can buy the house first...

You can definitely exchange before probate. The agreement is that it's "subject to probate". Apparently you can even complete "subject to probate"! Sounds a bit strange to me but my solicitor is in discussion with buyer's solicitor about precisely this.

Yes I am in England.

Our EA did properly take the house off the market, off the website, off Zoopla etc. It's quite a relief actually to be moving the process forward instead of holding out for more money (which might never appear). I'm surprised your vendors aren't a bit more realistic about locking in a good buyer.

Thanks @harlechh - I'm a bit disappointed that our usually good EA was wrong on that, although it is reassuring to know that we could 'lock it in' while we wait for probate, if the slow progress will be a theme. It would be awful to commit to this and then they pull out much further down the line (like the 9-12 months others have experienced!)