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Renting an onward while waiting on probate

8 replies

Ferretbitme · 16/11/2024 23:33

I have an offer accepted on a house currently going through probate and conveyancing has started in parallel to this. My buyer is cash-I think it’s likely may want to move before probate granted.

I’m committed to both sale and purchase and will move to rental if necessary but wondered if anyone has rented their onward in this situation-what the pitfalls may be and what terminology to use if proposing this?

OP posts:
AgreeableDragon · 17/11/2024 08:03

I can't answer your question, but I've recently been involved in getting probate. It was a straight forward estate and once the form was submitted probate was granted in 2 weeks!
Don't assume probate will hold things up. Do you know if the executors have applied for probate yet?

Tiramisusie · 17/11/2024 08:22

You can’t propose renting your onward - you’ll need to rent a different house if you take that route.

The seller is not going to rent to you and create a tenancy and difficult legal situation.

dreamersdown · 17/11/2024 08:36

@Tiramisusie that’s simply not true - I know two separate people who have rented the (empty) house they’re buying, one probate and one buying a former BTL. You can get your solicitors to sort paperwork and the estate agent can often act to sort this as a letting agent. It brings the seller some short term income and the buyer some stability.

Frida2023 · 17/11/2024 09:56

We sold ours in the summer and had bought a probate house. We’ve been renting since then until probate has been granted. It’s most likely going to be the new year (according to our solicitors). So offer accepted in April this year and probate not granted yet.

it can be a long and frustrating wait. But if you love the house you bought, it will be worth it in the end.

UpTheMagicChristmasTree · 17/11/2024 09:58

It's a tough one. A friend of mine had probate go through in a couple of months. A family member's probate took nearly 8 months.

Ferretbitme · 17/11/2024 10:25

Thanks.

I know it’s possible, I just don’t know how to phrase it and to who! I don’t want to put pressure on the bereaved sellers, was thinking more a ‘hopefully this goes through but if it doesn’t in 4 months would you consider this’

OP posts:
LadyTiredWinterBottom2 · 17/11/2024 10:39

It is possible but something may come up in conveyancing and you don't end up buying it. That happened to me in two consecutive attempted purchases.

OneDayIWillLearn · 17/11/2024 11:10

We bought a house earlier this year with probate. Probate was not applied for at the point we offered and it was quite a complicated estate so we were prepared for a long wait but in the end it was granted less than a month after they applied for it. In the end, offer to completion took 4 and a half months, so not really any longer than ‘standard’. So I’d wait and see for a bit before doing anything as it might well not be an issue at all….

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