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Probate Help

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  • 13-06-2024 12:37pm
    #1
    Registered Users Posts: 11


    Hi all,

    We are purchasing a house in Dublin - the probate was applied for in early December (we think)

    We are unable to get any answers from anyone as to why its taking so long. at this stage, it is taking 8 weeks longer than when the probate website said 18 weeks. The vendors solicitor is not providing any detail as to the nature of the query (which was raised over 7 weeks ago) which is frustrating to say the least & the probate office cannot speak to you unless you are the vendors solicitor.

    from my own research, it really does seem that the vendors solicior can help speed things along with the probate office. For example, courts.ie have issued the probates which have been granted & I can see some people who have passed away in February 2024 have probates through in such a short space of time! Also to note, this is a simple estate (nothing complicated about the case) already a probate for deceased mother (now need one for father

    I have read that 19,000 out of 21,000 of probates from 2023 were granted & wonder what the hell is going on really!!

    I have also seen people posting their own experiences saying their wife is going on mat leave and needed to draw down etc - can anyone provide any information on where we can go because we are faced with severe delays and no answers!!


    Please help!

    Tagged:


Comments

  • Registered Users Posts: 2,660 ✭✭✭endofrainbow


    Sorry but how do you know there's nothing complicated? Only the Executor/Solicitors would know that.



  • Registered Users Posts: 42 mammychicken


    We are waiting on a Grant of Probate submitted in February 2024 from the Dublin Probate Office, last estimate was a 26 week wait. I kid you not.



  • Registered Users Posts: 1,152 ✭✭✭Kalimah


    I thought the wait was 16 weeks- or it was recently. My aunt’s will went for probate mid January and was granted mid May. Mind you there was no complication with any of it.



  • Registered Users Posts: 11 asilogbd


    we have been in contact with the estate agent who has been informed from the vendors



  • Registered Users Posts: 11 asilogbd


    It’s actually such a joke! And then with the query we are now over 6 months waiting 🥲



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  • Registered Users Posts: 11 asilogbd


    yes the probate office are currently at 26th march which is so quick! Ours was submitted in December so it’s an exceptional cause. It seems a query realllly slows it down



  • Registered Users Posts: 95 ✭✭Toby22


    Hi, my neighbour died last year and house now up for sale. Probate took 9 months in Dublin. When my father dies years ago it took 18 months



  • Registered Users Posts: 414 ✭✭Madeoface


    Hmm. It just takes one disgruntled family member in the estate to cause severe delays. All the while the estate agent will keep you on the hook.

    Keep looking during the process.



  • Registered Users Posts: 2,951 ✭✭✭gipi


    The family\executor shouldn't have put the house up for sale until probate was sorted, to be honest.

    If there are no contracts signed (I e., it's just sale agreed), there is nothing to stop the executor withdrawing the house from sale and putting it back on the market in the hope of getting a higher price.



  • Registered Users Posts: 11 asilogbd


    we know that the people who inherited the house are pushing for the sale to go through so it’s not them holding it up. Unfortunately it’s just such a slow process



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  • Registered Users Posts: 11 asilogbd


    Wow I’ve never heard that long. Must have been a big road block?



  • Registered Users Posts: 11 asilogbd


    thanks for your comment and I totally agree! We have exchanged contracts so we have to buy and they have to sell



  • Registered Users Posts: 642 ✭✭✭macrubicon


    To give you a frame of reference - we applied for a strait forward Probate in early June 2023. First contact from the Probate office was end September when the file was opened - a bit of back and forth over E-Mail and got the call for the in person appointment in January. To be fair - paperwork issued quickly - say 2 weeks tops. This was Dublin in case that matters. 18 Weeks is a myth at the moment.

    There are also certain things you cannot do before you have probate in relation to the sale - like applying for NPPR certs and the likes.

    We listed the property for sale in September when we knew the file was open and were up front that it was a probate sale and it could be 3-4 months before a close and we were ready to close just within that time frame - ironically the buyers were not in the end but it all worked out for everyone.

    As for not listing before it's all sorted - that's not possible in some cases - in our case we had to get it moving as we had a Fair Deal repayment deadline looming and needed to sell to pay that off so needed the sale to be progressing - contracts exchanges, searches done, surveys done, architect opinions sorted and all the things that take time and you can only do once there is an offer accepted. We did wait until we knew the probate file was open before we listed though as once it's in process at least you have a guesstimate on a timeline. Also before anyone asks and having asked the question - there are no extension or delays from Revenue on paying your Fair Deal bill just because Probate takes 9 months and the interest accrues daily so it's a non runner to wait to list - they just don't care… the official line is if you go over you can try an appeal but you have to pay up first. You can guess the outcome in 90% of cases there.

    So - I guess my 2 cents here is probate is at least 6 months in Dublin and some people have to get the house listed and contracts exchanged as they have their own looming deadlines with Revenue to deal with too.



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