Can I Sell The Deceasedʼs House Before Probate Is Granted?

Can I Sell The Deceasedʼs House Before Probate Is Granted?
Can I Sell The Deceasedʼs House Before Probate Is Granted?

Welcome to our detailed guide on handling the property of a deceased loved one, specifically regarding the possibility of selling the deceased’s house before the grant of probate. This document aims to provide clear, practical advice for individuals navigating through this challenging time. Please note, while we strive to offer accurate and helpful information, it is essential to seek personalised legal advice for your specific circumstances.

Understanding Probate

Before delving into the specifics of selling property, it is crucial to understand what probate means. Probate is the legal process through which the will of a deceased person is validated by the court, and the executor is given the authority to administer the deceased’s estate. This includes paying off any debts and distributing the assets according to the will.

Can You Sell a House Before Probate?

The simple answer is no; the legal right to sell or transfer the property does not exist until the probate process is completed, and the grant of probate is issued. The grant of probate serves as proof that the executor has the authority to manage the deceased’s assets, including selling real estate.

Why Wait for Probate?

Waiting for probate may seem frustrating, especially if maintaining the property is financially taxing. However, this waiting period ensures that the assets are distributed correctly and that all debts and taxes are paid. Selling a house without this authority can result in legal complications and potentially, financial loss.

Possible Exceptions and Considerations

While the rule stands firm on the necessity of probate before selling a property, there are certain situations where parts of the process can commence. For instance, you can prepare the property for sale by conducting valuations, performing essential maintenance, and even listing the property with an estate agent. However, the final sale cannot be completed until the grant of probate is received.

Joint Ownership

If the property was owned jointly with the deceased’s spouse or partner, and ownership is set to pass directly to the surviving owner, then probate may not be required to sell the house. It’s vital to check the type of joint ownership to confirm this.

Steps to Take While Awaiting Probate

  • Secure the Property: Ensure the property is secure and insured.
  • Valuation: Have the property valued by a professional to assist with the probate application and eventual sale.
  • Maintenance: Keep the property in good condition to retain its value.
  • Consult a Solicitor: Engage with a solicitor early in the process for legal advice and to prepare for the sale.

Conclusion

While selling a deceased’s house before probate is granted is not permitted, understanding the probate process and preparing accordingly can facilitate a smoother transaction once legal hurdles are cleared. Patience and compliance with legal procedures are paramount during this period.

At DLS Solicitors, we understand how challenging dealing with the estate of a loved one can be. Our team of compassionate and experienced solicitors is here to guide you through every step of the probate process, including the eventual sale of the property. For personalised advice, please contact us.

This guide is intended for informational purposes only and does not constitute legal advice. The information contained within is based on the law as of the date of writing and may be subject to change. Always consult a legal professional for advice on specific situations.
Avatar of DLS Solicitors by DLS Solicitors
12th July 2024
Avatar of DLS Solicitors
DLS Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts
Related Posts
  • Navigating The Legalities Of Separation Agreements
    Navigating The Legalities Of Separation Agreements

    A separation agreement, sometimes referred to as a ‘Deed of Separation’, is an important legal document that sets out the terms and conditions of your separation from your spouse or partner. It’s an opportunity for both parties to resolve important issues without having to resort to court proceedings. This comprehensive guide aims to provide you

  • Navigating Marital Assets: A Guide to Dividing Property During Divorce
    Navigating Marital Assets: A Guide to Dividing Property During Divorce

    Divorce can be a difficult and emotional process, especially when it comes to dividing marital assets. While it may not be the most pleasant task, it is important to approach the division of property with a clear and level-headed mindset. This guide will provide you with the necessary information and tips to help you navigate

  • dementia
    What Is A Lasting Power Of Attorney (LPOA) And Why Is It Important For Those With Dementia?

    DLS Solicitors sheds light on Lasting Power of Attorney (LPA) and its crucial role in dementia care. Explore our concise guide to grasp the importance of appointing an LPA for managing financial and healthcare decisions on behalf of individuals with dementia.

  • Legal Rights For Unmarried Couples: What You Need To Know
    Legal Rights For Unmarried Couples: What You Need To Know

    Introduction Unmarried couples, also known as cohabiting couples, have become increasingly common in the UK. While marriage used to be the norm, more and more couples are choosing to live together without getting married. However, it’s important for unmarried couples to understand their legal rights and responsibilities in order to protect themselves and their assets.