Double Probate - how long to sale complete?

Discussion in 'Wills, inheritances and gifts' started by G_Hand, 1 May 2018.

  1. G_Hand

    G_Hand Registered User

    Posts:
    10
    Hi

    I went sale agreed on a house where probate had been lodged and I was lead to believe most of the way there, contracts issued but not signed.

    My own solicitor has uncovered today that the probate before this probate was never done.

    That needs to be done first, then the probate of the houses most recent owner.

    I've heard wildly varying reports of 8 weeks to 10 months for probate. This means I could have 16 weeks to 20 months to wait!

    would it be madness in a rising market to wait that long ?

    Can the solicitors ask for probate to be rushed to facilitate a sale?

    If the other side signed contracts what come back would I have if they then pulled out because a year has passed and they could get more money ?

    Does anyone have recent experience of probate office and can offer insight on how long this might take ?
     
  2. jpd

    jpd Frequent Poster

    Posts:
    1,494
    I'd walk away, as long as you haven't signed the contracts.

    It was a bit amiss of this issue not to have come up before this - someone's solicitor wasn't on the ball.

    Probate could take months and where there are two to be done, who knows. I'm not even sure if the 2nd can get under way before the first finishes.
     
    mathepac likes this.
  3. Ravima

    Ravima Frequent Poster

    Posts:
    2,398
    If you want the house and Estate is happy to sell, ask solicitor about a 'caretakers' agreement. AFAIK, this is a scheme where you will rent the house for €X pm ( usually a nominal sum)whilst the probate is going through and 100% of the purchase price is lodged with solicitors.
     
  4. Brendan Burgess

    Brendan Burgess Founder

    Posts:
    36,147
    I think you walk away assuming it's not possible to have a binding contract until the second probate is finished.

    You could well be waiting 12 months or more and then they pull out of the contract.

    Brendan
     
    mathepac likes this.
  5. mf1

    mf1 Frequent Poster

    Posts:
    4,093
    Actually, I don't think it's that much of a problem.

    In Dublin, there has been an improvement in Probate times - currently about 12 weeks, less if the matter can be expedited, because of signed Contracts. And I'd rather assume that both Probates can go in tandem, rather than consecutively.

    If the Contracts are signed, then both sides are tied in. And, again, I'd rather assume that the Vendors want the sale to go through so they are unlikely to sit on it.

    The Executors can sign Contracts even if Probate has not issued.

    Above all else, talk this through with your own solicitor - on here we can only speculate without knowing the full facts specific to the OP's circumstances.

    mf
     
  6. noproblem

    noproblem Frequent Poster

    Posts:
    1,274
    Solicitors often give the go ahead to clients when buying property even though title deeds, etc, still need sorting. They have a chat between themselves and give each other the lowdown on the situation, trust builds up over the years and everything gets sorted. Unless there's some serious problems around the probate a deal can be done and like mf1 said, your solicitor will advise on it.
     
  7. G_Hand

    G_Hand Registered User

    Posts:
    10
    Thanks for the replies. I'll speak to my solicitor and mortgage broker about likely wait times. 12 weeks or less with tandem probates I could do - especially if vendors were locked in with signed contracts . 2 consecutive probates of 10 months each i couldn't.
    I want to proceed with this house, I just don't want to wait years for it.
     
  8. Seagull

    Seagull Frequent Poster

    Posts:
    1,130
    The issue might lie with your mortgage approval. It will probably expire at least once before probate goes through, and then you'll have to go through getting approval again.