Partition in probate

[kirinm]

Does anyone know anything about this? House we are buying doesn’t have probate yet. We’ve been asking for updates after months of nothing and were told that partition documents are complete.

Anyone have any idea what that might mean?!

I found this out when I wanted to buy a probate home. I didn’t buy in the end as the family was so divided and it wasn’t ever going to be simple to sell.
It basically forces a sale but the ones who disagree can cause havoc.

A partition action is a legal remedy that allows co-owners of a property—such as family members who have inherited real estate—to force the division or sale of the property when one or more parties refuse to agree on its disposition

I think the sale has been forced by two of the executors / beneficiaries as the other beneficiary was quite happy to stay living in the house. He has moved out now though so perhaps it’s all been agreed. Probate feels so secretive. I have no idea what is going on.

It's not probate which is "secretive" as such. Probate is simply the authority from the courts to the executor(s) to divide the estate up according to the will.

After probate is granted the house is not automatically in the name of the beneficiaries, it has to be transferred. If the house is being sold I'm not sure it needs to be transferred, though all beneficiaries have to be in agreement with the value of the house.

I'm not a legal bod, just someone who has been through the process a couple of times.

My understanding though is that if the house is sold at more than the value declared for IHT then capital gains tax is due on the difference.

I'd imagine it could be difficult if there's more than one beneficiary, but fairly straightforward if there's only one.

Yes secretive isn’t really the right word. I think I meant that it seems to be in the hands of a government body who aren’t in a hurry to do anything and you can go weeks without receiving any sort of update. I don’t know if the sellers really know where they are in the process. And if they don’t, then obviously there’s absolutely nothing we can do!

As far as I can gather, they are all now in agreement that the house has to be sold. We always thought there was at least one reluctant seller and now are pretty sure we were right. He has apparently moved out now though so hopefully it isn’t some sort of legal dispute ongoing. My solicitor isn’t being the most helpful in explaining things either.