When you want to sell the property of family member who has passed awayshouldyouwait for a grant of probate? You can sell inherited property before grant of probate is issued.
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 would like to sell it. This can be either the executor, or when there is no will, the administrator. Until the grant is issued they've no authority to sell, despite being specifically named as executor in the will!
This will not prevent the personal representatives from marketing the house, instructing valuers and solicitors on behalf of the estate, but until the grant is issued they cannot effectively enter into a contract to sell the house fast or complete the sale. Any conveyancing solicitor acting for the purchasers of the “estate sale”, i.e. the sale of the property owned by the deceased, would require a certified copy of the grant.
The same thing applies 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, until the grant is issued they have no power to bind the estate therefore cannot enter into any legal obligations on its behalf with no grant.
THE SIGNS are there: an overgrown garden, peeling paintwork and a lifetime of "treasures". Someone dies and their property comes up for sale, a beacon for bargain-hungry buyers. Only one person's bargain is usually someone else's heartache.
James Lewis's elderly father died recently, leaving him with a big, dilapidated 1930s semi on the outskirts of Birmingham. James is an only child and, as executor and sole beneficiary in his father's "clear and brief" will, has decided to sell: "It's a huge family house where I grew up and attended school, but I could never move back."
James lives in London. Has distance complicated matters? "There have been A lot practical things to sort out, like bills and services, so I'm now very intimate with the M6. I searched the property for dad's old papers and deeds which I finally found under the bed. But it's hard tackling the legal stuff when you're in an emotional state."
Legally James should have the house and all of assets valued for grant of probate, the whole process of proving a will's validity, and it was advised by his solicitor to use a reputable agency. He chose a local agent to value the property and paid pounds 60 plus VAT, that is deducted if James instructs the agent, although there is no obligation.
What happened when James got his valuation about six weeks later? "I was forced to swear an oath before an impartial solicitor. It was meant to be deadly serious, but it was Dickensian. He virtually banged a hammer and barked `that is going to be pounds 7 sir'. It turned out quite surreal," adds James, who wants a quick sale to avoid the upkeep of the property.
When you are thinking of selling your inherited property, Property Saviour are the experts. We will buy your unmortgageable property, and that is guaranteed. Our support is free therefore we never charge any fees. We pay £500 towards your conveyancing fees. Whether you have inherited a house, it's an investment, or maybe the property is in negative equity, we will help. Get in touch with us today on 0113 320 6700.
