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Grant of Probate Issue - Queries

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  • 20-10-2022 2:26pm
    #1
    Registered Users Posts: 26


    Hi All,

    Looking for some helpful insight if possible. So basically, I have gone sale agreed - the probate process is taking approx 14 weeks to review in Dublin. The vendors application has been reviewed & come back with queries (which my vendor's solicitor has promptly answered apparently last week, initial application was submitted in June).

    The issue is we need to draw down & close before Christmas (due a baby so MAT leave on payslips after Nov will be an issue for the bank).

    From my Solicitor's experience, any probate queries push the application to the back of the queue (so another 14 weeks to process). Not sure if we should pull out now & cut our losses (surveyors fees & solicitors fees) rather than hold out hope for a non-runner.

    Does anyone have any experience on this & would advise otherwise? Everything else is good to go (loan offer etc and all contract queries) so the probate is the biggest uncertainty that nobody can offer insight for.

    Any helpful insight would be appreciated.

    Thanks!



Comments

  • Registered Users Posts: 4,706 ✭✭✭Deeec


    I take it the house you are buying is going through probate or are you waiting for an inheritance yourself to close the purchase.

    Either way even after probate goes through you could be still waiting for weeks after for everything to go through. Its usually not a quick process even after probate is approved.



  • Registered Users Posts: 26 LornaG087


    Yes the house we are buying…

    We have cleared through all other queries, and have called it out specifically in the contracts that closing date = two weeks after the grant of probate is issued. Anyways not the issue, my question is around queries on probate and those that have experienced queries in the process…



  • Registered Users Posts: 4,706 ✭✭✭Deeec


    Its a really hard situation to be in - I feel for you as its very stressful during pregnancy. Unfortunately there is no way of speeding up probate. It takes as long as it takes. I am executor of my uncles will - for us probate came through quite quick last December - we are still waiting on the solicitor to distribute the assets though even though there is no major issues or obstacles. What Im trying to say it is that the closing date is very unlikely to be achieved 2 weeks after probate is issued. Has your solictor advised that this is achievable? - I would think they would have to advice that is unlikely.



  • Registered Users Posts: 346 ✭✭AhhHere


    Was in same situation this year.

    Probate started in April. Loan offer in May. Wife's mat started in June. Probate finished in August. Got keys in Sept. Banks never asked for more payslips after mortgage approval in May so we got by okay.



  • Registered Users Posts: 2 Gray.S


    Hi LornaG087, have you any update on your probate situation? Currently in the same boat, sale agreed on a house and probate application submitted in Dec so trying to get an indication of whether it will come through while we still have the mortgage offer.

    Any info on timelines others have experienced lately would be great.



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  • Registered Users Posts: 26 LornaG087


    Hi, sorry I missed this notification, went to my email spam. The probate was issued in early Jan & we got the keys by end of Jan. For Dublin, if you ring the probate office they have a timeline on the automated machine, for us it was 14 weeks from time of submission, provided the application was error free. If there is an error or query on the application, it’s impossible to say how long on top of this 14 weeks. Ours was approx 14-15weeks then a query raised which took another 10 weeks for the grant to be issued (this included Xmas hols but a friend in similar situation had the query add on an additional 7 weeks). If you know who’s name the ‘estate’ is in and the date of death, you can search here too http://probate.courts.ie/probate.nsf (we seen it had issued prior to our solicitor being aware, we just searched by surname - it’s refreshed every night at 2am with the processed list from that previous day - shows how desperate we were checking this!!). Hope this helps!!



  • Registered Users Posts: 1,101 ✭✭✭herbalplants


    Following here on similar issues. I am interested in a house that I have been told it is in probate for another 3 months. I am not sure if 3 months is the minimum, so could be more.

    As a buyer, what is best to engage in bidding now or wait another 3 months? I presume it could go sale agreed way before probate comes through, which that involves handing the deposit over.

    What does the best scenario for the vendor is? A cash buyer or the vendor doesn't really care if buyer is cash or mortgage? I presume the vendor has a long process ahead too with completing the probate.

    Living the life



  • Registered Users Posts: 25,326 ✭✭✭✭coylemj


    The length of time it takes to get the grant of probate depends on which probate office is dealing with the application. Outside Dublin, they are called District Probate Registries and they're typically co-located in the office of your local Circuit Court. In Dublin, it's a division of the High Court called the Probate Office and (in Dublin only) I believe there are separate streams for personal (DIY) probate and applications submitted by solicitors.

    So if you want to know how long your probate will take, state what probate office is involved and if it's Dublin, personal or solicitor.

    There is simply no point in asking 'how long does it take to get probate'? without saying which office is dealing with the application.



  • Registered Users Posts: 1,101 ✭✭✭herbalplants


    Ah sorry yes the house is in Dublin.

    I am only an interested party in putting an offer on this house. I am not the family applying for probate.

    Living the life



  • Registered Users Posts: 6 hannahmcvey


    We are in the same boat

    probate was lodged may 30 th 2023 their was a query on the probate 26th of Oct 2023 and we still haven’t had probate granted? Extremely frustrating as loan offer expires in 7 weeks. Anyone else experiencing delays in Dublin ?


    Hannah



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  • Registered Users Posts: 26 LornaG087


    For context, my probate was submitted in June 2022, query came back on 13th Oct & answered immediately. Probate cert was officially issued on Jan 4th & got keys Jan 20th. I know the process can vary in length month to month. You can ring the probate office to hear on their automated line how long the process is taking at the minute (mine said 14 weeks at the time) and also, if you have the name, last address & date of death of the deceased (rip.ie can be a good resource too) you can search the probate site (it’s updated every day at 2am - that’s how desperate I was!!) Best of luck! No harm in asking the bank if they is any grace period after the expiration date.



  • Registered Users Posts: 6 hannahmcvey


    thanks so much !

    weve been checking the site every morning since last month😂 will probably be issued in January 🤞🏻



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