Can I sell the deceased’s probate property?
Published by Property Saviour
The UK's No.1 Fast House Sale Company
March 2, 2016 - Read time: 3 minutes
Can I sell the deceased’ probate property?
When you’d like to sell the property of someone who has passed away do you have to wait for a grant of probate? The short answer is YES!
With no grant there’s nothing to clearly show the legal chain of ownership from the person who owned the property to the person who needs to sell it. This could be either the Executor, or when there is no Will, the Administrator. Until the grant is issued they have no authority to sell, and despite being clearly named as the Executor within the Will!
This should not stop the personal representatives from marketing the house, instructing valuers and solicitors on behalf of the estate, but until the grant is issued they can’t effectively go into a contract to sell the house fast or complete the sale. Any solicitor acting for the purchasers of an “estate sale”, i.e. the sale of a home owned by someone who has died, would require a certified copy of the grant.
The same thing is applicable to renting the house or flat of someone who has died on a new tenancy. Whilst the Executor or Administrator can continue with an ongoing tenancy, prior to the grant is issued they have no power to bind the estate therefore, cannot enter into any legal obligations on it’s behalf with no grant.
THE Indications are there: an overgrown garden with peeling paintwork and a life-time of treasures. Someone dies and their property is put up for sale.
Doug Winchester’s elderly father died recently, leaving him with a large yet dilapidated 1930s semi on the outskirts of Birmingham. Doug is the only child and, as an Executor and sole beneficiary in his father’s “clear and brief” Will, will sell the inherited house: “It’s a huge family property where I grew up and attended school, but I could never move back.”
Doug now lives in Kingston Upon Thames, near London. Has distance complicated matters? “There have been lots of practical things to sort out, like bills and services, so I’m now very intimate with the M6. I searched the house for dad’s old papers and deeds that I finally found under the bed.
But it’s hard tackling the legal stuff when you’re in an emotional state.”
Legally Doug must have the property and all of assets valued for grant of probate, the entire process of proving a will’s validity, and it was advised by his solicitor to use a reputable agency. He selected a local agent to value the house and paid pounds 60 plus VAT, which is deducted if Doug instructs the agent, while there is no obligation.
What happened when Doug got his valuation six or seven weeks later? “I had to swear an oath before an independent solicitor. It absolutely was supposed to be very serious, it also was Dickensian. He banged a hammer and said `that would be pounds 7 sir’. It turned out quite surreal,” adds Doug, who wants a quick sale to steer clear of the routine maintenance of the house.
If you are looking to sell your inherited property quickly, we can help. We are cash buyers and have funds at the ready. We can help with Grant of Probate or Letter of Administration, and have money into your account within a couple of weeks. We also pay £500 towards your legal fees and also you free house clearance. We are here for you at this difficult time.