Hi Terri

you should be able to find details on whether a property is in probate, and its current status through the national indexes to probate at your local probate office. or if they are older at the County record office.

In the first instance check with council tax through, as they will be able to tell you if the property is awaiting probate, or if it is granted (as long as the new owner has said) as it is only liable for 6 months exemption following granting of probate.

As for what can be done, as i understand it notices can be served on it, and works in default performed, but you must serve on all interested parites in the estate, these therefore need identifying. (But I would check first)

We have one where i have been trying to pursuade both parties to agree to sell and then fight over the money instead of the property, but to no avail. I think in some cases the best bet may just be to keep pushing the solicitors to bring the case to court.

What i would be interested in knowing is if a property when in probate can be open to the enforced sale procedure? EDMO and CPO would presumably be out of the question due to exemptions and time scales.

Thanks

I normally check it is Exempt F on Council Tax (probate) to see if they have any info about the next of kin/executor. If not, I would do a probate search via the Probate Service, cost £5.00 & if there is a Will you can have a copy of it, through which you may be able to identify beneficiaries.

If neither of these produce results I would contact Kin to see if they can trace relatives.

With regard to CPO, I only look at a CPO for properties where no next of kin can be traced and am not aware of any exemptions that do not enable me to do so. With no identifed owner and demonstration that you have tried all reasonable efforts to trace one, there should be a strong case for CPO under the Housing Act or if the property is out of keeping with the area, the Town and Country Planning Act.

Hello Terri

I am currently working on Standard Operating Procedures to tie in with reasons a property is empty. I have reproduced some of the background information that may be of interest to you which will add to the comments you have already received. In the event of a dispute between relatives we have in the past intervened and offered  and paid for mediation services, which has resulted in a successful outcome (voluntarty acquisition by the council).

Hope this is of some use.

Kind regards

Danuta

Extract from SOP:

On a There are two possible outcomes relating to an empty property owned by a person who dies. The deceased has left a valid will (testate) or the deceased has not left a valid will (intestate).

• probate if there is a valid will and a named executor
• letters of administration with will to the applicant where there is no named executor
• letters of administration where there is no valid will 

If a will is contested or a dispute arises, the process is likely to be protracted and, without intervention, could take a number of years.

Hi Terri,

Not sure if you are still researching probate but this link is useful.

I always find in these situations that it helps to put myself in the shoes of the one I am researching, i,e where would i go if I had to go through the probate system myself.

http://www.hmcourts-service.gov.uk/cms/1159.htm