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House sale delayed by Probate - How long??

  • 06-12-2012 1:16pm
    #1
    Registered Users, Registered Users 2 Posts: 279 ✭✭


    Hi,

    I'm hoping someone has been in a similar situation and can share their experience.

    We are sale agreed on a property now for a few months and after delays regarding planning (or lack of) probate has finally been applied for. We have paid deposit/signed contracts and everything seems to be in order and its just a waiting game now.

    Our solicitor/clients solicitor has asked for the probate to be expediated as it if drags on too long it could affect the sale of the house (terms of mortgage application could change when loan approval expires). The client (seller) also wants this to close by the closing date which is xmas week.

    Anybody know how the probate office works (i.e. are they contactable to allow for this to be expediated etc) and is it completely unreasonable to expect it to be granted within ~ weeks providing there are no issues with the application.

    Would be grateful to learn of anyones knowlegde/experience!

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    It would help if you stated (1) whether it's being done via a solicitor or it's personal probate and (2) which probate office is involved.

    I know you've mentioned solicitors but it's not clear if they're involved in the probate as well as the sale of the house.

    It would also be relevant to state when was the last interaction with the probate office.


  • Registered Users, Registered Users 2 Posts: 279 ✭✭MrMischief


    coylemj wrote: »
    It would help if you stated (1) whether it's being done via a solicitor or it's personal probate and (2) which probate office is involved.

    I know you've mentioned solicitors but it's not clear if they're involved in the probate as well as the sale of the house.

    It would also be relevant to state when was the last interaction with the probate office.

    Hi, thanks for the reply

    (1) it's being done via a Solicitor
    (2) Not sure what probate office is involved but the house purchase is North Dublin

    As far as i know all the signed forms and relevant docs were been sent to the probate office today...not sure if any interaction has occured before now but the solicitor may have been on to them to explain the situation.

    The above probably doesn't help but its the most i know at the moment.
    Thanks


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    You need to ask the solicitor, he/she should have an idea how long the Probate Office is taking these days to issue the Grant of Probate.

    How long it takes depends on whether it's being down via solicitor or as personal probate as I believe the staff handling probate are different depending on the type of application (solicitor or personal) so the waiting time is different.


  • Registered Users, Registered Users 2 Posts: 8 Ioisha


    Hi,

    I have gone sale agreed on a house however the vendor has just started probate proceedings. I have been told it can take 16 weeks. My solicitor has said we can go ahead and sign contracts and pay the 10% deposit before the probate is finalised. My concern is that the mortgage approval will run out by the time the probate is finalised and that we will lose our deposit.

    I'm just wondering MrMischief how you got on. The probate is being done via a solicitor and as there was a will I have been told it is straight forward. The probate office is in Dublin.

    Thanks.


  • Closed Accounts Posts: 4,024 ✭✭✭Owryan


    Currently in much the same position . Application for probate was lodged in January and accepted in march after some more information was requested.

    Once accepted the actual probate was approved and returned within 8 weeks and the solicitor is currently acting on it.

    My solicitor told me it would take 6-8 weeks once accepted and he was spot on.


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