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.
