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Original poster

Probate property

59 replies

Zapzep · 29/09/2023 22:45

I had an offer accepted on a property. When I viewed I asked about the circumstances of sale and was told it was a deceased estate. I completed all the I’d checks and received a memorandum of sale, only to receive a call from the agent advising me that the property has yet to go through probabte that would take 16 weeks? Does anyone know anything about this I can’t go ahead if it is going to take 6 to 9 months even before the conveyancing process can start?

OP posts:
Soontobe60 · 29/09/2023 22:48

Be prepared for a very long wait - straightforward probable is currently taking around 4 months, but theres no way of knowing if this is a straightforward probate!

everythingcrossed · 29/09/2023 22:51

16 weeks is less than 4 months so, presumably you can start after then. However, yes, there will be a delay. I am currently buying a probate property, we were due to exchange in July, still waiting. The problem is that the owner is not around to answer the queries so there's lots of paper shuffling among solicitors and batting back enquiries.

Original poster
Zapzep · 29/09/2023 22:56

Is it possible to run the conveyancing in tandem with probate so that we could exchange subject to probate? I am confused as to why the estate agent didn’t tell me before I offered? What a waste of everyones time taking an offer if they know you might not be able to go ahead because of the time it will take.

OP posts:
Honeyroar · 29/09/2023 22:57

My father’s non straightforward estate was granted probate in 16 weeks. My friend’s dad’s more straightforward estate was granted probate within a month. Both of these examples are from this year.

But I don’t understand why estate agents would take on a property that has not yet got probate.

everythingcrossed · 29/09/2023 22:59

You could do that but there's a chance that probate could drag on/the people who are inheriting fall out (one party wants to sell, the other doesn't). It is risky if you're on a tight timetable.

everythingcrossed · 29/09/2023 23:00

Estate agents don't ask many questions, ime. They just want to get the property on their books before a rival nabs it.

Original poster
Zapzep · 29/09/2023 23:04

everythingcrossed · 29/09/2023 22:59

You could do that but there's a chance that probate could drag on/the people who are inheriting fall out (one party wants to sell, the other doesn't). It is risky if you're on a tight timetable.

So if there is a disagreement in the family how could it have been put on the market in the first place, estate agents would want id checks from the properties owner?

OP posts:
everythingcrossed · 29/09/2023 23:07

But the sellers aren't the owners, are they? Probate hasn't been granted yet.

Original poster
Zapzep · 29/09/2023 23:12

@everythingcrossed I don’t think you can sell a property you don’t own?

OP posts:
mrsbyers · 29/09/2023 23:13

They haven’t sold it yet not til completion

everythingcrossed · 29/09/2023 23:17

Exactly. The sellers may have every expectation of owning the property once probate has been granted but, at the moment the house does not belong to them. It is part of the deceased owner's estate and they cannot sell it - and strictly speaking, shouldn't be marketing it.

RunnerDown · 29/09/2023 23:23

I’m in Scotland but we absolutely were not allowed to sell my in-laws house until probate had been granted. It wasn’t legal prior to that happening . Maybe it’s different other parts of the U.K.

PuppyMcPupFace · 29/09/2023 23:26

Zapzep · 29/09/2023 23:12

@everythingcrossed I don’t think you can sell a property you don’t own?

I'm currently selling a probate property, I don't own it and never will, it's part of the deceased's estate

Mummumgem · 29/09/2023 23:27

You need to speak to your solicitor and get them to speak to the sellers solicitor about applying for a Grant Ad Colligenda Bona, they won’t want to it’s more work !. But basically it gives the executors the ability to sell the property before probate is granted, the money from the sale is then held by the estate until probate is completed. It took about 4 weeks to come through fir is last year and we were able to exchange and complete as normal. You will really need to push for it though, get your estate agents on board to push as well

Original poster
Zapzep · 29/09/2023 23:30

@PuppyMcPupFace does being the executor of the will give you the authority to do that? Are you also the vendor if you accept an offer?

OP posts:
Original poster
Zapzep · 29/09/2023 23:33

@Mummumgem is that expensive?

OP posts:
PuppyMcPupFace · 29/09/2023 23:34

@Zapzep yes, I'm the sole executor, probate took nearly six months. I was the only person with the authority to accept an offer, appoint the agent etc.

BobbyBleu · 29/09/2023 23:36

We are currently going through probate for my grandad's estate. He died in march and we are still waiting.
We have a lovely buyer who is hanging on and hanging on to buy his house but we can't do anything until probate is sorted.
As much admin has been done as possible from the solicitors sides but nothing formal yet.
It's very frustrating and there are stories of people waiting over a year for probate.

Mummumgem · 29/09/2023 23:38

Zapzep · 29/09/2023 23:33

@Mummumgem is that expensive?

it won’t cost you anything, the sellers solicitors will charge the estate. They just have to apply to the court to be allowed to change the property from an asset to capital, basically fill out a form, the court stamp it and send it back, a copy of this is sent to your solicitor and that’s it

FunnysInLaJardin · 29/09/2023 23:42

My mums probate on her very straightforward estate. ie 3 beneficiaries and fund all in one investment - house already sold - took from last November until today.

Partly because the solicitor was crap and didn't apply for probate until April despite being instructed last November. Only got processed in April as I am a solicitor ( non UK sadly)and gave him some shit about it

Anyway, it takes forever

griegwithhimandhim · 29/09/2023 23:45

everythingcrossed · 29/09/2023 23:17

Exactly. The sellers may have every expectation of owning the property once probate has been granted but, at the moment the house does not belong to them. It is part of the deceased owner's estate and they cannot sell it - and strictly speaking, shouldn't be marketing it.

The executors of the estate will be the ones selling it, not the beneficiaries of the will.

Exchange of contracts can take place immediately after probate has been granted. As happened with our late relative's home in July.

Original poster
Zapzep · 29/09/2023 23:45

@Mummumgem is there another name or way of describing it, I don’t think I can call my solicitor and quote a latin phrase for something I’ve never hear of.

OP posts:
BobbyBleu · 30/09/2023 00:02

I can't see them wanting to change it if they've already just applied for probate.
You have to pay to apply, it's a lot of paperwork and they will probably just want to go through the process now. It will have cost more if they are using a solicitor too.

PissedOffNeighbour22 · 30/09/2023 00:04

Marketing a property before probate is completed is a breach of the money laundering regulations in the UK. A lot of estate agents do it so they don't miss out on the sale to a competitor.

My mum is selling a probate property at the moment. My gran died at Xmas last year and the probate came through at the end of July. Very simple financial situation with one beneficiary and very low value.

K10f1 · 30/09/2023 07:55

i Bought a probate property this year. We did conveyancing while awaiting probate. Probate was granted before conveyancing was completed. Honestly it was fine. The executor of the will is the vendor. When you buy it the money goes to the estate to be divided up as the will instructs. The only issue in my case was the vendor had never lived in the house so they couldn’t answer all the questions the solicitor put to them, they simply didn’t know the answers. But it was/is a renovation project and given I was planning on changing a lot anyway I decided to go ahead.