Can a House be Sold before Probate is Granted?
Posted on 6th November 2023
In England, the sale of a house before the completion of probate largely depends on how the property was owned. If a house is owned as joint tenants, and one of the owners survives, it's possible to sell the house before probate. This is because, when one co-owner dies, under the Doctrine of Survivorship, the surviving co-owner becomes the full legal and beneficial owner of the property. However, if the house was solely owned by the deceased, or was owned as tenants in common, a sale cannot usually be finalised until probate is granted.
A surviving co-owner of a property held as Tenants in Common, or executors named in the person’s Will, can, however, list the house on the market, conduct viewings, and accept offers before obtaining probate. They would usually need to notify the prospective buyers that the Probate has not granted, so the sale would be unable to complete with the Grant of Probate. If the deceased owner left no Will, there is no one with legal authority to start administering the estate until Letters of Administration are granted.
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To obtain probate, you might want to consider engaging a local Probate solicitor, especially if the estate is complex. Here are the steps to obtain probate with the help of a local solicitor:
Identifying Assets and Liabilities
The first step in the probate process is to identify all of the deceased’s assets and liabilities. This is usually done by specialist probate solicitors, such us our local Probate Solicitors at MG Legal.
Choose a Local Probate Solicitor
You can opt for professional legal assistance from a local Probate solicitor to deal with the estate. It may sometimes seem simpler to use the firm that drew up and/or stored the will, but you have the right to choose any solicitor you trust or have had good experiences with in the past. Further, it can be helpful to choose a local Probate Solicitor, to make the process of completing the Probate application seamless; you can simply pop in to see your local Probate Solicitor at your local office. Our local Probate Solicitors have offices throughout Lancashire.
Application for Probate
Your local Probate solicitor will help prepare the necessary documents and submit an application for probate. This includes filling out the appropriate forms and gathering necessary documentation.
Obtain Grant of Probate
After the application is reviewed and approved by the Probate Registry, the Grant of Probate is issued, enabling the executor to administer the estate, including selling the house.
The process of applying for Letters of Administration is the same as above, other than the people who can apply are dictated by the Rules of Intestacy, rather than the deceased’s Will.
Engaging a Probate solicitor can simplify the process, making it as stress-free as possible for you and your loved ones. Your local Probate Solicitors will provide legal advice, and ensure all steps are completed correctly, making the probate process smoother and, generally, quicker, as any delays caused by incorrect information can be circumvented.
Contact your local Probate Solicitors, MG Legal, by completing the contact us form, below, and a member of our team of Probate Solicitors will give you a call within one working hour.
Contact our Local Probate Solicitors to discuss obtaining Probate
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