Is this normal? First time buyer and probate property

[mathis2006]

Hi,

First time buyer here.
We found a probate property we loved our offer was accepted on the 12/03.
We hired the solicitor and got the memorandum of sale issued on the 14/03. We were told the probate application would be submitted within days, they assured it was a simple probate with 1 bank account.
Since then the probate application has not been submitted (confirmed by estate agent) they are awaiting paperwork from the care home. Online the current probate processing time is 16weeks.
I am wondering what should our next steps be? I am weary of submitting full mortgage application before the probate has been applied for and at least 4 weeks in as I wouldn't want the mortgage offer to expire. Is this reasonable?
When shall we do the level 3 survey?
There is little communication from either the solicitor or the estate agent. I emailed the solicitor on the 22/03 with all our informations but no feedback since? Is this to be expected?
It feels like since our offer has been accepted it has been complete radio silence.
When shall we expect to complete? Is September possible?

Probate may take way longer than that, my dad’s was very straight forward (not involving property) and it took 8 months to be granted. I would not wait around if they haven’t even applied yet.

It could be months. I wouldn’t spend any more time or money on it if you need to move in a timeframe. Keep looking for something else.

Yes, probate can be a long business. Have they taken it off the market for you?

On the plus side, mortgage offers can quite easily be extended to allow for circumstances like yours. And solicitors are often not very forthcoming!

On the minus side, probate at the moment can often take twice as long as the stated times. Do you know why the care home is involved, sounds complicated.

September might be a tad optimistic, I'd say.

They shouldn't have marketed the property until probate was granted.

It will be many months. Walk away.

Thank you.
We are renting and don't have a time frame but I am struggling with the lack of communication.
But I gather from the comments that it will be a while.
We will keep looking on RM but this house was perfect for us.

They need the care home final fees for the application.

I purchased a probate property and it took 6 months in total

Maybe it was on the market before the death.

You’re right to be wary. I didn’t get my parents’ house put on the market until probate was granted.

Their estate could not have been simpler, and it still took 6 months.

We are fine with 6 months, so hopefully it will not be longer.

I agree with others that probate can take ages.

If you are not in a rush to move that could be fine. I'd hold off doing any of the searches for now.
As pp said you can usually extend the mortgage offer so that shouldn't be too much of an issue.
Keep looking on Right Move in case something else comes up that is more proceedable.

We applied for probate in Nov and it was granted in early march, so hopefully it won’t be 6 months for you

It won't necessarily be that long, my mum recently applied for probate for my grandads estate and it took about 8 weeks I think. Not sure what it depends on.

I think you need to start nagging. I can’t believe the care home didn’t finalise the fees within a few weeks of the resident’s death. There is a loose connection somewhere.

Do you know who is applying for probate? We did it ourselves when my DM died and it was completed early and within 10 weeks. If it’s a solicitor they may not have the same motivation to move quickly.

Not sure who is applying, I have the feeling they are doing it themselves. She passed away not long ago as the funeral are this week. So I will give them this week then I will start pushing a little bit. Would you say it s not unreasonable to not apply for mortgage yet though?

If it’s that recent I’m a bit more sympathetic. Sadmin is quite tough, and organising the funeral will have absorbed a lot of energy. It sounds as if the property may have been put on the market via LPA before the death, but it can’t be sold until after probate has been granted. So, no, I wouldn’t apply for a mortgage or have a survey done yet. What I would do is double check that absolutely everyone, from your broker to solicitor to the EA is totally up to date with what is going on. It’s what the EA should be doing, but it’s more important to be sure that it is done than to quibble about responsibilities.

I've recently sold a probate property.
House was on the market and we had just accepted an offer before the person died.
Probate took about 5 months & some of that was obviously a short delay in starting the paperwork as we had a funeral to organise and to come to terms with the death. The 5 months was over Christmas (2023) too.
The buyers had a 6 month mortgage application window to keep the deal they had secured as they offered on the house and we are going achieve that for them.
We had care home fees etc to put on the probate form, that's a 1 min email to the care home to get the figure so that wouldn't take any time.

We were a motivated family, we wanted the property sold and we're all in agreement and kept the estate agent informed each step of the way. We had a good conveyancing solicitor instructed and we had a survey done on the property at our expense while marketing the house so buyers had a good idea of any potential issues. House is fairly unique and in a very sort-after area. Buyers moved into a hotel for a week & put their things in storage because they didn't want to lose their buyer, but that was their decision. The sale has taken just under 6 months all in all, which isn't very unusual.

But probate properties can be a nightmare, probate can only be issued when the horns are sent. Families can disagree about price or even if they want to sell at all.

It's pot-luck.

But the massive massive advantage is that you are not likely to be in a chain and all the head and heart-ache of that. You can often view the place as other as you'd like (our buyer has been sending builders round for quotes etc while the house is empty).

I'd much rather buy a probate property than be in a chain myself, but you will hear horror stories.
Depends if the house is worth waiting for. You can always keep your offer on the table and still be looking at other properties.

Ps first time buyers (we've all been there!) are considered a nightmare too, so don't think it doesn't cut both ways

My sibling bought a probate property last year. When they had their offer accepted, owner was in a care home. Sibling applied for mortgage and got a mortgage offer (valid for 6 months) then the owner died about a week later. At the time, mortgage rates were rising quickly. It was a simple probate and sibling was a v proactive buyer but they still only just completed before the mortgage offer expired.

Yes I can imagine that! It is a bit of a learning curve!

I'm also FTB buying a probate property... seller died 10 months ago and probate still hasn't been granted yet.

Oh wow!
Are you holding on to it or looking for another property?
At what point did you apply for your mortgage?

It can easily take a year at the moment. I suggest not spending out any further and continuing to look for other suitable properties - whilst leaving your accepted offer on the table. It's pretty much pointless trying to push it on faster. I agree with other posters who have suggested it shouldn't have been marketed before probate was granted.