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Probate contest time scale

6 replies

HellsBellsTrudy · 03/05/2025 21:50

Hi all, our buyer has a complicated situation where his ex is taking a mortgage out on a property she has inherited to release funds owed to him, and this makes up part of his deposit.

There is apparently a period where anyone can contest the probate and this ends on the 8th May. How soon after this date can we expect this property to be fully transferred into her name so she can take out the mortgage?

I’m so confused by it all and it’s a hold up we didn’t know about and are now waiting as we’re ready to exchange otherwise!

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HellsBellsTrudy · 04/05/2025 17:44

Bump.

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Aaron95 · 04/05/2025 18:58

Nobody can answer that question. There are too many factors involved. Probate can be a very slow process.

If I were in your shoes I would put the house back on the market and seek another buyer because you could easily be looking at 6 months before your buyer is in a position to proceed.

HellsBellsTrudy · 04/05/2025 21:21

Thanks @Aaron95 I really hope that isn’t the case, but worried you might be right.
There’s so many moving parts and it’s not how our buyer sold himself to us at all!

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CraftyNavySeal · 04/05/2025 21:36

How has it got up to near the point of exchange and your buyer doesn’t even have evidence they have the money and it’s all tied up with a third person and property? This is bonkers!

kirinm · 05/05/2025 09:39

I think we’ve got something similar. A notice has been posted in The Gazette which gives any potential creditors until the end of May to approach the estate. My understanding is that the timing of the notice isn’t really relevant to probate. They can put the notice up as and when. I know that our sellers do not have probate so sadly, the two things aren’t connected.

HellsBellsTrudy · 05/05/2025 14:02

CraftyNavySeal · 04/05/2025 21:36

How has it got up to near the point of exchange and your buyer doesn’t even have evidence they have the money and it’s all tied up with a third person and property? This is bonkers!

Honestly, I’m not sure, I think it’s because on
paper he has more than enough deposit which is being gifted and he has proof of that, the other element is just more money he wants to put down.

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