when it comes to buying property out of a probate situation the succession act 1965 section 50
gives the executor or the administrator of a deceased state the power and the authority
to sell the property to deal with the property however it is a necessary document
of title if you're purchasing the property the grant of probate or it may be a grant of letters
of administration in an intestacy situation or it may be a grant or called de bonis non
but regardless it's either a grant of letters of administration or a grant of probate that's
required that's an important document of title and will have to be obtained how long how slow is the
process very much depends it's really a question of how long is a piece of string but you'd
probably be wanting to allow six months anyway and i've seen some situations being faster than
six months i've seen some longer than six months and if you think about it it'll depend as well
the speed with which it's done will depend on the will itself how many beneficiaries and a lot
of factors it also depend obviously on when the application is made by the solicitor how quickly
the relevant information can be gathered in order to make the application pps numbers perhaps tax
details previous gifts the number of beneficiaries then would be important as well because that'll
have to be reflected in the uh tax document it has to be submitted it used to be the ca24
don't know what it's called now s2 or something is called it's an online application to revenue
but the fundamental point is that you really don't know how long it's going to take you probably
could allow six months certainly for the grant of probate or grant of letters of administration
to issue now you may well be asked to sign a contract and um in in when you're purchasing from
an administrator or an executive appropriate situation and you'll be asked to sign the contract
and you'll be asked to pay a deposit perhaps and then the closing date will be contingent upon
the grant of probate or grant of letters of administration being issued once that's issued
then the sale will close but not until then so it is possible in that situation that you could be
expected to sign the contract paid deposit and then perhaps wait six months for the thing
to close now you may be willing to do that it depends on the market it depends on the property
it depends on your own personal circumstances and so on but you know some people are not going to
be prepared to wait that long so that's the story with grant probate no difficulty no problem with
probate sales apart from the delay and obviously if you're purchasing then you're completely
dependent on the other side the other solicitor getting the application in and dealing with any
queries expeditiously and the probate office has to be exacting has to be demanding has to be very
thorough in looking at applications so it is quite often and it's quite common for queries to arise
and papers to be sent back again applications to be rejected amendments to be made and so on
so it depends as i say on the particular case it could be very straightforward or it could be more
complex and then it depends on the degree of care that's gone into the application that's gone in
that will be a factor as well in how quickly the thing is uh issued and the will is approved
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