3 People on Title, 1 Deceased

[Albert Fan]

Hello,

Preface: I will get advice from a solicitor in the near future. I'm just wondering if anyone has experience/tips etc.

I'm looking to purchase my first unit. There are three people listed on the property title, a mother (recently deceased) and her two daughters. The real estate agent says that the daughters don't want to start the probate process until they have a signed contract for the unit. I'm not sure why this is? He said settlement would be 90 days to allow for the probate process to complete and the mother to be removed from the title.

Is this a common scenario? I don't want to get messed up in someone else's family feud.

Thanks for any advice.

 

[Darlogus]

Was involved in a similar situation late last year with a deceased estate and it only took 2 or 3 weeks to get the title changed. It only had the mothers name and was changed to daughter.

 

[Terry_w]

A dead person cannot enter into a contract. But their legal personal representative can. However the LPR is only appointed upon the granting of probate or administration.

What often happens is people enter a contract subject to the grant of probate. Get a hold of the contract and then get a solicitor to review it. The vendor may probably have an out if probate is not granted within x days.

It is also possible that the 3 of them own the property as joint tenants and this will mean the title passes to the surivors automatically bypassing probate. To do they they would have to present the death certificate to land tiles office and fill in a few forms etc.

Please seek legal advice.

 

[Aaron_C]

Forget about purchasing the unit UNLESS you are prepared to wait up to 6 months for probate.

 

[Terry_w]

Forget about purchasing the unit UNLESS you are prepared to wait up to 6 months for probate.

I just did a probate application last month - it was granted in less than a week. (NSW)

but it is best to assume 6 months as they can drag on.