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Grant of Probate question

Buskitten

Registered User
Dec 10, 2018
143
0
Hi All, I wonder if anyone can explain to me what happens when the Grant of Probate is issued? My solicitor has received it today and mums house has an offer on it from a lovely young family 🥰 does it mean I am allowed to sell it to them now? There was only mum and I in the family, and mum left her estate to me. I have never bought or sold houses or dealt with probate - so I am a bit confused by all the terms etc 🙄 I think the solicitor has gone off for the long weekend now, so I thought perhaps someone on wonderful Talking Point might be able to explain ( in easy language!) Many thanks 🙏
 

Chaplin

Registered User
May 24, 2015
185
0
Bristol
Not had experience of this myself but this link below might help you understand the process.
Have you used an agent to sell the property? If so I’m sure they can accept an offer in principle. The whole process of selling a property takes a while so if you have paid for a Solicitor’s advice, I think you should wait until they return.

 

Scarlet Lady

Registered User
Apr 6, 2021
213
0
Hi, @Buskitten . I’m just a little further behind you in the Probate process, but my understanding is that once it has been granted, the Executor(s) of the estate are responsible for distributing the residual estate to the Beneficiaries. If you are the sole beneficiary and your mothers home is part of the estate, that now is yours to decide what you wish to do with it. If a sale is on the cards, you should be in a position to accept any offers. Check with your solicitor on Tuesday!
 

Buskitten

Registered User
Dec 10, 2018
143
0
That’s a very helpful guide, thanks Chaplin. I have appointed a solicitor and have accepted an offer on the house ( the buyers were happy to wait for probate to complete ). I will just wait for the process to unfold - it does seem to going in the right direction and I’m sure the solicitor will direct everything 😊 thanks again
 

Buskitten

Registered User
Dec 10, 2018
143
0
Thanks Scarlet Lady - yep I’ll check! It sounds as if it’s nearing completion which is both 😊 and 😢. I’m glad a young family are buying the house - mum would like that 🥰
 

nitram

Registered User
Apr 6, 2011
25,087
0
North Manchester
All probate does is prove the will meaning it's terms can be carried out.
The house is now yours to sell, you just have to wait for sale to go through which from what you have said should not be long.
 

MartinWL

Registered User
Jun 12, 2020
2,029
0
65
London
Hi, @Buskitten . I’m just a little further behind you in the Probate process, but my understanding is that once it has been granted, the Executor(s) of the estate are responsible for distributing the residual estate to the Beneficiaries. If you are the sole beneficiary and your mothers home is part of the estate, that now is yours to decide what you wish to do with it. If a sale is on the cards, you should be in a position to accept any offers. Check with your solicitor on Tuesday!
Yes that's all correct. Make sure to pay off any bills then the rest is paid to you as sole beneficiary unless there are any other conditions you have not mentioned.
 

Buskitten

Registered User
Dec 10, 2018
143
0
Great thanks Martin - all I’ve already dealt with bills but there are two financial gifts in mums will which I expect solicitor will manage? Or I can 🥰
 

MartinWL

Registered User
Jun 12, 2020
2,029
0
65
London
Y
Great thanks Martin - all I’ve already dealt with bills but there are two financial gifts in mums will which I expect solicitor will manage? Or I can 🥰
You can get the solicitor to manage everything if you wish or you can do these things yourself if you feel confident and have the time.

I have just, at last, been told that probate has been approved in respect of my late mother and I have done most of the work myself but engaged a solicitor to give advice and help where needed. There were several complications in my case not the least of which was that my father was named as an executor but owing to dementia he isn't capable of that role.
 

Jaded'n'faded

Registered User
Jan 23, 2019
3,190
0
High Peak
Congratulations. You now have a house you can sell and possibly other stuff :)

Getting the grant of probate is a big day and you should definitely celebrate! As you have an offer on the house that you are happy with, why not tell the nice family and give them the good news that things can all go ahead?

As you have a delightfully uncomplicated situation with your mum's estate, all you need to do is sort out the 2 financial gifts, or ask your solicitor to do that, and the rest is yours...

Time to do your Happy Dance!
 

Buskitten

Registered User
Dec 10, 2018
143
0
Hi Jaded 😀 I have told them and they are delighted things are nearing completion. They are lovely with a sweet little girl and I know mum would be so happy that a local family will be making number 81 their home 🥰 it’s a strange feeling - I still feel ‘stuck’ in last two years, managing all the crisis’ and organising mum through the weird Covid situation 😢 I just feel as if I want to go somewhere alone for a week and stare in to space…… but I am extremely grateful for this final gift I’ve been given. Beyond grateful ❤️
 

Buskitten

Registered User
Dec 10, 2018
143
0
Y

You can get the solicitor to manage everything if you wish or you can do these things yourself if you feel confident and have the time.

I have just, at last, been told that probate has been approved in respect of my late mother and I have done most of the work myself but engaged a solicitor to give advice and help where needed. There were several complications in my case not the least of which was that my father was named as an executor but owing to dementia he isn't capable of that role.
Glad to hear probate has been granted in respect of your late mum, Martin. I think you’re an only child, like me. Legal stuff is a minefield and I’ll be glad when it’s all over - I really need to get a move on with dealing with mums stuff. I think I’ll bring it all up here to 🏴󠁧󠁢󠁳󠁣󠁴󠁿 to slowly sort through . Thank you for all your sage advice over the last year 🥰
 

Robbo75

New member
May 26, 2022
2
0
You could get a free guide to probate by searching for My Probate Department. I've read it and has a lot of useful information in there.
 

Bod

Registered User
Aug 30, 2013
1,542
0
Is there any way of chasing up Probate?
It's now been over 6 months since applying, HMRC deadline for them asking for Inheritance tax has long since passed.
I know they say not to contact them regarding time scale, but by now they should be back to normal.

Bod
 

Duggies-girl

Registered User
Sep 6, 2017
3,286
0
Is there any way of chasing up Probate?
It's now been over 6 months since applying, HMRC deadline for them asking for Inheritance tax has long since passed.
I know they say not to contact them regarding time scale, but by now they should be back to normal.

Bod
I did dads probate in 2020 during lockdown and it was a very quick process. I submitted the inheritance tax form form online and I got the reply for that the next day if I remember rightly. There was no tax to pay so maybe that was why. I think they sent me a special code to apply for the probate which I did very quickly online and they replied the next day that it had been granted and I would have the forms within a week I think and they came within days.
 

MartinWL

Registered User
Jun 12, 2020
2,029
0
65
London
Is there any way of chasing up Probate?
It's now been over 6 months since applying, HMRC deadline for them asking for Inheritance tax has long since passed.
I know they say not to contact them regarding time scale, but by now they should be back to normal.

Bod
Not officially, but in your situation I would write a letter to them once a week.......
 

Scarlet Lady

Registered User
Apr 6, 2021
213
0
Wow, @Duggies-girl , you got tremendously quick service! My aunt died in January and we submitted the IHT forms in late March. We knew there would likely be no tax to pay and there wasn’t. The IHT office had sent the necessary form off to the Probate office to start that process at the beginning of April, but they didn’t tell us they’d done this. We only found out when we rang to query it, so we’d wasted a few weeks when we could have been moving things along.
We sent all the necessary corres to the Probate office several weeks ago. We were told we’d get email confirmation of receipt within 14 working days but that hasn’t happened. (We know they have it because it was sent Track and Trace). We’ve had conflicting information as to how long before Probate is granted, the latest seems to suggest another 8 weeks… sigh.
These things seem to be actually slowing up now that things are getting back to ‘normal’ , rather than the other way round. Hope you get a response soon, @Bod
 

Duggies-girl

Registered User
Sep 6, 2017
3,286
0
Wow, @Duggies-girl , you got tremendously quick service! My aunt died in January and we submitted the IHT forms in late March. We knew there would likely be no tax to pay and there wasn’t. The IHT office had sent the necessary form off to the Probate office to start that process at the beginning of April, but they didn’t tell us they’d done this. We only found out when we rang to query it, so we’d wasted a few weeks when we could have been moving things along.
We sent all the necessary corres to the Probate office several weeks ago. We were told we’d get email confirmation of receipt within 14 working days but that hasn’t happened. (We know they have it because it was sent Track and Trace). We’ve had conflicting information as to how long before Probate is granted, the latest seems to suggest another 8 weeks… sigh.
These things seem to be actually slowing up now that things are getting back to ‘normal’ , rather than the other way round. Hope you get a response soon, @Bod
@Scarlet Lady I did the IHT form on line as it was very easy. I have just checked dates and I submitted that on 3rd June and received an automated reply the same day with no tax to pay and a reference number to use for the probate application. I then had to get dads will from the solicitor and I received that on 10th June

I paid for the probate on 22nd June and submitted the application electronically using the number that the inheritance tax people sent me. I would have posted the will and death certificate the next by special delivery and the probate was granted on 18th July so pretty quick.

So the IHT was immediate and the probate took a bit less than 4 weeks so not as quick as I remembered but still very quick. I was very impressed especially as this was all done during 2020 lockdowns.
 

Scarlet Lady

Registered User
Apr 6, 2021
213
0
I think we were a bit hampered by the fact that IHT and Probate procedures changed from Jan 1st 2022. My aunt died on 6 Jan. Now, you would think that before procedures change, everything would be good to go. However, this is HMRC we’re dealing with and after having worked for the department for 43 years, I know that nothing could be further from the truth. Online guidance is not
removed, simply added to, so it’s contradictory and no one has a clue what’s going on. I think maybe we’ve been a victim of the changes.m