Probate advice at the end of our tether

[probatepurchase]

We are the bottom house in a chain of 3 houses. The owner of the top of the chain has died in April 24, and so we are waiting for probate to be granted. Apparently it's with HMRC to wait for a code to be released and there is talk of an inheritance tax 'cheque'.

The information we have is from the lady we are buying from.

We are going to lose our buyer if we don't complete within 2-3 weeks.

Does anyone understand what the above means and, if our timescale of 2-3 weeks is realistic?

I don't think you'll complete in the next 3 weeks. Sorry. Probate took 6 months when my granny died.

april 2024?!

no chance in a fortnight

no chance unless a very very very straightforward estate

but given at the very least property involved, no chance

even 2-3 months would be very optimistic

16 months for my aunt

Possible, the house we are buying applied for probate late April and it came through in June.

The probate code is a good thing (I have one for late parents estate). 2-3 weeks is completely unrealistic. The paperwork once you have sent everything in including the original will if there is one has a lead time of 16 weeks. After 16 weeks you can chase it.

Typical government run dept though. If they dont do it in a timley fashion (and 16 weeks is not timely) what happens?? Nothing.... and there is talk about making some government depts a 4 day week.

There is no 'Fastrack' even for a fee. What I have found out is that you need to ensure that everything on the form is 100% right otherwise it gets put in the pending file. My late Father's one was perfect (and not done by me!). It went through in 12 weeks.

Is completing on your sale and then renting for the purchase an option OP? It seems unlikely this will go through so quickly

Probate is a process: it can be quite short (6 weeks) or quite long(6 months or more)

It could be about to end. It could only just have been started.

So my question to the EA or solicitor, or the person you're buying from(whoever you can insist on an answer from) is,
When was the probate application made?

That will never happen that quickly OP. My MIL died in January this year and we are still waiting for probate.

We did get a code from HMRC, and that was sent a few weeks ago. Heard nothing and I chased it this week, they said they would make it a priority due to the timescale. Great, I thought, we're finally getting somewhere.

Had an email today with a query on the original form (sent in February). It's almost as though they are reading it for the first time ffs.

If they are still waiting for HMRC to give them a code, then they have not yet submitted their application for probate.

A straightforward estate can be finalised quickly by the Probate office, but this estate is above the inheritance tax threshold, so may not be simple. 2-3 weeks is completely unrealistic, sorry to say OP.

Sorry, reread your OP, if they're waiting for a code, the only code I know of is one from HMRC, to whom they have submitted tax forms. The code from HMRC then enables them to APPLY for probate.
So if I am correct, they haven't submitted probate.
If that happened tomorrow, minimum 6 weeks, max any one's guess, most likely about 3 months.
So no, @probatepurchase if probate has not yet been submitted, no chance.

OP, probate on my grandfather was 12 months and not a part complicated case.

The best option would be a short term rent between completing on yours and moving into the new house.
Or a very good friend who could put you up for a few months?

That way you keep your buy and don't have to stress about how.long probate might take.

I think it was unrealistic for your solicitors to advise the house would be available by end of July.

Thank you for all your info. But I am really worried about this now.

We were told they had applied for probate in mid April.

But from what you guys are saying, it doesn't sound like probate has even been applied for as of yet.

I'm quite good at getting to the bottom of things but I worry that the person giving us this info (the person we are buying from) is not getting their facts straight.

So frustrating as we want to move for space for a second baby.

If anyone can give me a brief outline of the process for gaining grant of probate this would help.

No useful information I have found online has been able to give me this, and I am worried that even the estate agents in question don't know what they are talking about and are therefore misinforming the lady we are buying from; she's then misinforming us and we are no closer to the truth.

Mid April

It takes approximately 16 weeks from submitting assuming nothing is queried. If they only died in April the house should not have even been put on the market yet, sorry

i Applied in Feb and am still waiting. Once the application has been submitted HMCTS will not answer a query on progress until they have had the application for 16 weeks.
If they applied in mid April they will not get a status update yet. There is an online tracker but that just shows application received, being reviewed or extra information needed so it’s still difficult to determine how far along you are in the process.
The code is from HMRC and is needed for the application if there is tax to pay or where there is no tax to pay but estate is over threshold but are claiming allowances eg house going to a direct descendant.

We are now 18 months and still waiting..

Process is to pay IHT to obtain HMRC code which is then used to support Probate application. Can't apply for Probate until IHT is paid. Once application for Probate submitted advice is 16 weeks minimum from the date that the acknowledgement of application is received. It sounds as if your sellers are waiting for the IHT code - would be hugely surprising if Probate through already following an April 24 death. I hope I'm wrong though and that Grant of Probate is imminent. Good luck

Worth chasing them up if you haven’t already. Last year I waited 4 months, queried it, was told I needed some extra info and I emailed them with it then probate was granted the next morning at 9am!

If you have been waiting that long you can definitely complain and get a fire under someone’s arse, assuming there is no complicated interstate issue.

You need to phone your solicitor and ask them to contact the seller’s solicitor to find out the exact position with regard to probate.
Probate is a lengthy process though, even longer if IHT is payable. You’re talking months, not weeks.

Definitely go via solicitor not estate agent !

Request code from hmrc to start IHT 400 form.

Get all info for form, submit to IHT dept.
pay IHT
wait 2 weeks apply for probate.
IHT dept need to stamp an ‘all paid’ piece of paper and send to probate department
(why that can’t be digitised is anyone’s guess)
you can’t chase them until 16 weeks are up

with my uncle we gave them 17 weeks as they’d had both Christmas and Easter. Chased in the morning, granted that afternoon.
we put the house on the market 4 weeks after applying for probate as we felt that was fair and left sufficient time not to inconvenience people. Completed 2 weeks after probate granted.

from what you’ve said it sounds like your sellers don’t understand the process and thought applying for the original code was actually applying for probate but you need that right at the very beginning and if it’s a complex one that can take 18 months. It took me 3 months to get all the paperwork together to do the IHT form.

sorry not what you want to read but I feel you need a plan B

If the owner died April 24, and probate was immediately applied for (which is very unrealistic) then your own buyer must have offered in March/April? Is their mortgage expiring in September?

Probate takes much longer if done by a solicitor but even if done by the executor in record time there are currently long delays at the probate office.
They should not have put the house on the market.
If the owner died in April then 6 months would be optimistic.