House contracts signed subject to Probate being Granted?

Aaron78

Hi

I have gone to sale agreed on a house that I want to purchase, 5% deposit was paid in May. I was under the understanding that probate has been lodged and was waiting for it to be granted before purchase of house could be done, we found out this week that probate has yet to be filed.
My solicitor emailed this morning to say that contract can still be drawn up next week and that they can be signed subject to probate being granted

I only received the email now and my solicitor is out of the office till Tuesday to question him on what that means

Can I get a mortgage based on this contract (I have mortgage approval already for funds)
Would I be able to move into the house and start the renovations works required while probate is being dealt with

Anyone that has gone through this would you have any advise?

Am confused!

busylady

The sale cannot be completed until the Grant of Probate issues and you will not get possession until the sale has completed. It is not unusual for contracts to be signed subject to the issue of the Probate. The closing date would normally be 7 days after the Probate issues. It can take several weeks for a Grant of Probate to issue. Your solicitor will only request the drawdown of your mortgage when the Probate issues. Your solicitor will explain the procedure when you are signing contracts.

L1011

Mortgage should not be an issue at all, this is extremely common. Towards the start of banks lending again after the crash there was little else but probate sales happening.

The solicitor may well drawdown before grant - mine did - assuming they won't isn't a good idea. Be aware of that as generally insurance starts at drawdown and you are insuring an asset you haven't got access to let alone title on.

Aaron78

Thanks for the replies, originally when I got the email I taught I be able to move in and start the work but now i think it's just starting the sale process of the house before probate is granted and when it's granted the house sale can be done straight away. Is this the case?

ted1

Aaron78 wrote: »

Hi

I have gone to sale agreed on a house that I want to purchase, 5% deposit was paid in May. I was under the understanding that probate has been lodged and was waiting for it to be granted before purchase of house could be done, we found out this week that probate has yet to be filed.
My solicitor emailed this morning to say that contract can still be drawn up next week and that they can be signed subject to probate being granted

I only received the email now and my solicitor is out of the office till Tuesday to question him on what that means

Can I get a mortgage based on this contract (I have mortgage approval already for funds)
Would I be able to move into the house and start the renovations works required while probate is being dealt with

Anyone that has gone through this would you have any advise?

Am confused!

Houses shouldn't be out in the market till probate us granted. It can cause serious delays

L1011

ted1 wrote: »

Houses shouldn't be out in the market till probate us granted. It can cause serious delays

Often the estate/executor want the final value, from knowing what the house is going to sell for.

eddie1986

does anyone know how to check the status of probate? Can you do it online?