House purchase - pr...
 

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[Closed] House purchase - probate ??

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 stox
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We've had an offer accepted on a house several weeks ago.
The house has been empty for a few months - both parents have passed away and the offspring (4 in total) are selling the house.
They have (recently) applied for probate and we have been told that it will take 6 weeks.
Once probate has been completed we can then get on with the process of getting the house sale through.

Does the probate have to be completed before the house sale goes through?


 
Posted : 16/04/2015 2:06 pm
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You can give someone the money for the house whenever you like. Once probate is complete you can be sure you are giving that money to the person who owns currently owns the house.


 
Posted : 16/04/2015 2:22 pm
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Why was Probate not applied for earlier? They weren't legal owners of the property so don't understand why they've put it up for sale.

Edit: Did the EA not ask for proof of ownership? You need to be careful. You'll be lucky if Probate only takes 6 weeks, my experience was that it took quite a while longer.


 
Posted : 16/04/2015 2:23 pm
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You'll be lucky if Probate only takes 6 weeks, my experience was that it took quite a while longer.

This. Took us 6-12 months and that seems to be the average although it probably depends upon the overall complexity of the estate. I'd be very surprised at 6 weeks.
Re the house, as I remember you can exchange contracts but you can't complete until probate is granted (house is not legally theirs to sell until this point).
IANAL


 
Posted : 16/04/2015 2:50 pm
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This

Re the house, as I remember you can exchange contracts but you can't complete until probate is granted (house is not legally theirs to sell until this point).


 
Posted : 16/04/2015 3:17 pm
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I put my fathers flat up for sale before probate was granted. I accepted an offer on it as well, but everything was "subject to probate" estate agent, solicitors ect seemed to think this was normal. Probate took about 6wks and everything went ahead.


 
Posted : 16/04/2015 3:33 pm
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I was just about to post a humorous picture of a large house rabbit, then realised that the thread had nothing to do with them at all.


 
Posted : 16/04/2015 3:34 pm
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Hi

In the same situation, offer has been accepted, probate is in the process of being applied for/granted. The consensus of opinion from the various EA and mortgage advisors involved was that we were looking at 8-12 weeks unless a herd of secret half siblings came out of the woodwork with claims on the house


 
Posted : 16/04/2015 3:40 pm
 stox
Posts: 326
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Thanks for the replies. We have been told 6 weeks .. My parents recently went through it with my grandparents house and that only took 6 weeks so fingers crossed it won't drag on.


 
Posted : 16/04/2015 3:49 pm
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Just to add that I had the DWP 'fishing' once Probate was complete. Property couldn't be put on the market until they'd finished their 'enquiries' where loads of forms had to get filled, loads of documents had to be sent. Had to get the local MP involved as the DWP were pi$$hing around so much.


 
Posted : 16/04/2015 3:52 pm

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