Probate to be granted

[eliza1978]

Hi,

Myself and my partner saw a probate property back in March this year, offer was accepted. Probate was applied for in April and STILL waiting to be granted!

At first, we were told a timescale of 8 weeks, then 12 - 18 weeks which would take us to beginning of August 2022. From that point, I have been chasing the Solicitors (ours/Vendors) and the estate agent to find out what is exactly is the real hold up but we have only received small information.

The Vendor got hold of the Probate office and was told they were missing a death certificate. He had to order a new copy and send it via Recorded Post. I would have thought the death certificate would have attached with the application!

Then, two weeks later he followed it up with them (after a long wait on the phone), they told him that everything is in order and they are just waiting for HMRC to update the shared spreadsheet with the inheritance tax details. They wouldn't tell him a timeframe. So, the probate is yet to be granted any day now.

Does anyone know what else is to be finalised at HMRC before it gets issued?

We are losing our minds right now and we are temporarily living with family at the moment.

Thanks in advance,
Eliza

Firstly, the Probate Registry are a nightmare at the moment and there's nothing solicitors can do about it. If there was missing documentation, then they should have let the solicitors know but there can be a delay in them doing this.

You do not need to submit Death Certificates with Probate applications, unless an Executor has died.

The positive is that the matter is now being dealt with by the Probate Registry so they should actually finalise things very promptly now.

The inheritance tax issue will add a delay...all depends....my late aunts took months as we had to agree figs with the accountant also etc....they then asked us for bank statements also....it all dragged on for a further 8 months etc....if the tax has been agreed then its a bonus and should go swiftly now.

I'm worried there may be an issue with the inheritance tax and this could go on longer. I wonder if I should email the estate agent to ask the Vendor for an update from the Probate and get a timescale? We could look elsewhere if this could go on for few more months and the unknowing is unbearable!

It won't help you with timescales but there's a public register for probate once granted so you could see when it is granted before the news travels down the grapevine. It's a gov.uk website.

I know that contacting the probate service through their chat facility seems to have the best outcome as opposed to calling.

It's really tough. You don't want to upset the bereaved but at the same time, fix it!

I know I can check the status on the probate registry website and it comes up a blank!

In the meantime, I have emailed the estate agent to request an update from the Vendor (Executor) when he rings up the probate. I know he is fed up just as well as we are!

People ought not to market properties before they get probate. Our solicitor was telling me only the other week of one probate she has been dealing with that is six months down the line and not grated yet, another took three weeks. People ought to wait until they get it.

We were quoted 18 months (which we didn't have time for) so we withdrew our offer and went elsewhere.

By way of update, I got our Solicitor to put pressure to the Vendor's Solicitors to find out the latest update on the probate as a matter of urgency. They have come back to us saying that the probate office are now waiting on a tax form from Inland Revenue!!! Honestly cannot believe it! I have asked my solicitor to go back to them with a timescale as we have waited far long enough now!