What is probate?

When a person dies, the assets that they owned in their sole name can’t immediately be sold off or distributed. It’s a case of waiting until the government has granted ‘probate’.  Usually, it’s the executors of the will that apply for probate (if there’s no will there’s a slightly different procedure).

Once probate has been granted (and inheritance tax and debts have been paid) the executors can distribute assets according to the deceased's wishes.

What does it mean for a buyer?

It’s common for executors to market a property before probate is granted. So if you find yourself viewing a property where probate is pending, it’s all above board.  The executors are acting in the expectation that by the time both parties are ready to exchange contracts, probate will have come through. 

You can’t complete a property transaction until probate has been granted, but you can get much of the paperwork sorted in the meantime.

You might have to be patient

There’s quite a lot of paperwork to be done, and documentation to find, before the executor can file for probate. And once the actual application has been lodged, it can take between six to 12 weeks to be granted (it’s tricky to be precise because there have been processing delays recently).

Ask the right questions

To get a realistic idea of timescale, it’s useful to find out how advanced the executors are in the process (discuss this with the estate agent). If the application has been lodged, then there’s a good chance things are ticking along nicely. If the application hasn’t gone in, you may be in for a longer wait.

Be sensitive

If by some chance a relative of the deceased is present when you view the property, be sensitive. It may be that you’re viewing their childhood home or a property that has a lot of emotional significance to them. If you have questions, direct them to the estate agent.

Benefits of probate properties

Renovation opportunity

If you’re looking for a doer-upper, a probate property might suit your needs. It may have been some time since any renovation work was carried out so you can put your own stamp on the home.  

No onward chain

You’ve obviously heard about people getting caught up in complicated chains because they’re buying off someone who is buying off someone else and so on. With a probate property there is no onward chain so you might have more flexibility regarding matters like completion dates.

If you are thinking of buying or selling and would like some tailored advice, please get in touch.   You can email me at michelle@jdg.co. or call me on 01524 843322