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Original poster

Probate

16 replies

Boatshoes · 03/07/2023 14:21

Hello everyone. DH and I have found our “forever” home. The owner sadly passed away last year so the house (excuse my lack of knowledge here) will need to “go through” probate. Would this put you off buying a property? My friend tried to buy his dream home a year or so ago and it had to go through probate and, after months of uncertainty and delays, he ended up pulling out of the purchase. I’ve only had experience of buying a new build (no chain) so this is all uncharted territory for me!

OP posts:

Blueberrycreampie · 03/07/2023 14:27

It shouldn't be a problem if everything goes smoothly with the probate. Most probate is generally problem free but if there is anyone within the deceased's family causing problems or holding things up it may take a while longer.

parietal · 03/07/2023 14:28

How long have you got to wait? Probate can take a year but the family should have started on the process before putting the house on the market.

You'll have to try to get a realistic timeline from the agent.

Original poster

Boatshoes · 03/07/2023 14:33

Thank you for your replies. It’s been on the market for over a month now, but I think there has been quite a lot of interest. I will talk to DH and see if what we can do in the interim as it’s such a lovely house and if it takes a few months / a year then hopefully that is doable

OP posts:

Loverofoxbowlakes · 03/07/2023 14:35

My estate agent wouldn't list my mum's house until I had proof of everything having gone through already (I had already received letters of administration). Ask the EA where they're at with probate, I wouldn't proceed if they've not already applied as it can be such a long process.

Original poster

Boatshoes · 03/07/2023 14:38

Thank you @Loverofoxbowlakes I will definitely call and ask. Hopefully it won’t take an age. It’s our dream house and I can imagine us there - it all depends though if it takes a long time then I think it will have to be a miss 😞

OP posts:

OlderandwiserMaybe · 03/07/2023 14:42

Unfortunately probate can take "as long as a piece of string".
If everything goes smoothly - the deceased person had a will and any beneficiaries are all agreed and no one is contesting - or dragging their feet then you should have no problems. This issue is - thats a lot of "IFs"

Try and get a bit more detail from the agent as to where in the process they are and if the executor of the will has given any kind of timeline as to when the property can be sold.

In an ideal world it wouldn't of been put on the market until after everything was resolved but this situation comes up fairly often.

Are you in a rush to move - do you have a buyer - and if so are they prepared to wait?? if you are in a chain you need to think very carefully about proceeding as your buyer could get put off and walk away if things drag on. If you're not in a chain and in no hurry then go for it - you just may have to learn some patience.

Cupcakequeen75 · 03/07/2023 14:54

Another one here where the EA would not market the property until probate was complete because as a PP said, how long is a piece of string*?
Suited us as we didn't want to mess anyone about.

Twice as long as from middle to end. 😄

GasPanic · 03/07/2023 15:05

Agree that probate can be short, or long depending on how contentious the will is and how motivated the executors are.

You can check on the gov site to see whether probate has already come through (owners name and death date are required, but they are usually fairly easy to find).

Solicitors should at least have an idea of the probate status (applied for or not) which might help.

IamRoyFuckingKent · 03/07/2023 15:40

Estate agents will market a property before probate is granted, it just can't exchange or complete until it has been. It wouldn't put me off, the opposite in fact as it means no chain. The executor/s is responsible for deciding whether to take the offer or not, so it could take longer if you have several of them arguing over whether to accept. It isn't taking that long at the moment in straightforward cases.

Wednesdayonline · 03/07/2023 19:39

Probate itself can be a long process. But getting a grant of probate/letters of administration, which is needed for the house sale, can be fairly straightforward. All that is needed is the grant and then the house can exchange and complete. The rest of the probate process includes what is done with the funds of the sale after that, but the purchaser is out of the process by then :)

Equimum · 04/07/2023 08:14

We are currently selling a house that is going through probate. We didn't my list until just before we got the grant of probate issued. So it'll now only be a short period before any sale can complete, and certainly it'll be ready by the time the selling process happens.

as others have said, ask the solicitor where they are in the probate process. There is apparently currently a delay in getting the grant, so you're possibly right to have reservations if they've not really started.

littlebopeep1991 · 04/07/2023 09:16

My friend is at the bottom of the chain which was agreed in January with mortgage offer about to expire in august after already being extended.

The issue is a probate property at the top or the chain that still hasn't been received. I think if people are selling these types of properties you should only put them on the market when probate has been confirmed and everything is actually ready. You risk mucking people around just waiting and could end up losing the sale anyway if you did agree one.

Snorkers · 04/07/2023 19:49

I bought a probate house last year, seller (son of deceased) put house on a few weeks after the funeral and probate took 6m and that's only cos I made the seller get their MP involved as our mortgage offer was due to run out. We scraped in with 4 days to spare otherwise our rate was going from 2.48% to 4.5% and we were going to massively reduce our offer as house prices had dropped (but it's a dream house for us too so didn't want to risk doing that and losing it).

Be warned - you will have no say over any of it - the probate offce only deal with the family (naturally) so you are at the mercy of a Gov dept who are repeatedly criticized for being absolutely shit.

Rates may go up, you could lose your mortgage offer (if you need one) your buyer may drop out. My advice is be VERY patient!

NorseHorse123 · 17/07/2023 21:52

Did you go for it in the end? I too am in a similar situation and weighing up what to do!

Original poster

Boatshoes · 18/07/2023 07:13

Hi @NorseHorse123 we didn’t in the end ☹️ DH and I did some number crunching and the amount of ££ we would’ve had to have put in would’ve been more than we could’ve afforded. Interestingly, when I spoke to the estate agents to let them know we wouldn’t be making a final offer, the house was reduced by £25k! We are going to watch and wait and see if it garners any more interest, otherwise we will put in an offer and see what they say. I did find another house I absolutely loved but DH didn’t like it! I know “our” house is out there somewhere… just exactly where is a mystery!

OP posts:

NorseHorse123 · 18/07/2023 08:28

Definitely worth considering putting a cheeky offer in given that it’s a falling market. Best of luck!

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