How to Deal with the House in Probate

When managing an estate in probate, dealing with property is one of the most crucial tasks. This text provides information on how to handle the sale of property during the probate process, clarifying responsibilities and legal considerations whether or not there is a Will.

Selling Property in Probate

If the property needs to be sold and there is a Will, it is the executor's responsibility to deal with this. In the case where there is no Will, the authority of an administrator derives from the letters of administration, which you will need to have before marketing the property.

Steps to selling a property in probate:

1. Value the estate
2. Pay inheritance tax due
3. Obtain a grant of probate
4. Prepare the property for sale
5. List the property for sale.
6. Accept an offer
7. Exchange contracts
8. Complete the sale

You may wonder if the executor can dispose of the deceased’s property before a grant of probate is received. In general, the executor can rely on the authority of the Will to market the property and exchange contracts; however, a grant of probate will be needed before completion.

Legally, the executor has the power to contract to sell or convey any part of the deceased’s estate before probate is granted. In practice, this is not advisable, as a purchaser cannot be forced to accept a conveyance until a grant of probate has been obtained.

This means selling a house before probate could result in legal complications and potential liability for the personal representative, so it’s best not to take the risk and wait until probate is granted.