How long might probate delay a house purchase after executor changes?

[Wildgarlic80]

We had an offer accepted on an amazing, once in a lifetime property last month, and instructed solicitors on the 15th april

The owner died in Jan 2024, so it was our understanding that probate etc was completed. We’re cash buyers (by the skin of our teeth!) and there’s no chain, so we were hoping for a fast exchange.

A few days ago the solicitors revealed probate has NOT been granted! This is due to a change of executor. No further info given, other than they said the Registry have marked the new application ‘urgent’. We asked for an update yesterday and they said no change, they are still waiting.

Does anyone know how long this might take, after the change of an executor? Is it like going back to square one? Could we be looking at months to wait? Aaaargh!

We sold our house last yr and we’re living in Airbnbs with our kids, which is getting crazy expensive now it’s peak season; we’re struggling to find places for less than £5k/month!

Can anyone help give me a steer on how long this could take, what exactly is going on?

For further info: I bought the will from the registry online, and can see that his total estate is worth £3.5m. He had several properties. There are a few named cash gifts totalling about £300k, but most money is to be given to the local hospital.

If anyone can advise I’d be super grateful 🙏

Could possibly be up to 6-9 months. All just depends.

Also I’m wondering; should the agent not have been clear that probate wasn’t granted when marketing the sale?!!

Are we in a position to renegotiate the price, owing to the fact that we’re having to fork out for rented properties with the long delays?

They had another better offer on the property, but those people hadn’t sold their own house yet - the executors accepted our slightly lower one as it was cash 🤔

I would discuss renting it until you complete. Eg move in now. Perhaps the rental comes of the final purchase price. Or not. Or a below market rent for the risk of the unknown timeframe.
Good will to them but also works for you

Thank you that’s a really interesting idea!

Our seller died on the day we due to exchange contracts. There was lots of scaremongering and people saying it would take months. We moved 6 weeks later

My guess is that the executors are solicitors?

So the ultimate sale isn't an incentive for them, they are not beneficiaries.

The local hospital, though, are missing out while the property sits empty.... but I have no idea whether their fundraising office would take kindly to being encouraged to speed up the solicitirs.

If it is the solicitors holding things up/

I daresay a big estate takes longer to go through probate.

Thank you that’s reassuring

I don’t know who the executors are

Probate is really quick on a straightforward case, we got my mum's through in under 3 weeks. There is nothing wrong in asking the vendors to contact them for an update.

Same, took about 3 weeks for my dad. Sometimes its the executor, especially if they are a solicitor, dragging their feet and not getting the application in.

If it involves an IHT 400 form (ie not a simple estate) it could be getting the numbers straight that is holding up the application.

It's been over two years, an executor has walked away (hugely concerning) and it's a large estate. I would assume that HMRC are challenging the valuations or reliefs sought at IHT400 and would not imagine this would be resolved any time soon. It could take years and years. An expidited Land Registry application makes no difference if the house isn't yet available for sale. I unfortunately would walk away, unless reassured by transparent contact from the current executor.

To add, our £1million+ estate was granted probate 7 months after death. It takes the court just a few weeks once the IHT400 application is in, to clear the estate for grant, if HMRC have no queries or challenges.

Ours took 9 days last year.

Luckily the house was sold and new people moved in before the six month council tax rule.