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Can I market a house before probate is granted?

grant of probate in urmston

Written by: Category: Selling April 28, 2020

‘Probate’ is a term commonly used when talking about applying for the right to deal with a deceased person’s affairs. The process of probate ensures the terms of the deceased will are enforced as detailed in the written will. If there is no will, it will be the task of the government to decide who benefits from the deceased‘s estate. Often the assets contained within a person’s estate include property and the disposal of this requires significant consideration for any executor.

How is a Grant of Probate obtained?

Before the Grant of Probate can be obtained, a tax return must be submitted to Revenue and Customs confirming the amount of inheritance tax payable. The tax return details of the deceased’s assets as of the date of death. This includes information of any property and the expected value. An application is then made to the Probate Court for the Grant of Probate.

Typically, a period of 6-8 weeks should be given for a court to issue the Grant of Probate.

Can I market a house before probate is granted?

It is of course advisable to obtain Probate at the earliest opportunity to avoid any potential delay with the sale of the property but it is very much possible to instruct an estate agent to commence marketing. The Probate Registry is relatively straightforward and in most cases, you can run the sale of the property alongside the application for the grant of probate as both the conveyancing process and probate application take around the same period of time. You are however unable to exchange contracts until the Grant is obtained but we certainly recommend the marketing of the property for sale at the earliest opportunity.

In the situation of the deceased not having a Will – you need to obtain Letters of Administration as you have no power to assist with the deceased assets. In this event, the Letters of Administration must be granted prior to you being legally allowed to instruct an agent to assist with the disposal of the property. However, many estate agents will not aware of the difference between a letters of administration and grant of probate, and will be willing to market the property if requested. But a sale will not be allowed to progress until letters of administration have been granted.

Can I sell a house before probate is granted?

This very much depends on the circumstances. If a loved one has died and a surviving husband, wife or partner wants to sell the property then the property can be sold if the surviving wishes. However if the deceased person is the only applicant named on the title deeds of the property in question, then a grant of probate will be required before the property can be formally sold.

Talk to a solicitor

The points covered in this blog are only rough guide to what is permitted. Dealing with the complex issues of probate requires very specialist knowledge and an astute legal mind with acute attention to detail. Please feel free to contact leading Urmston estate agents, VitalSpace who can assist in recommending specialist solicitors in the field of probate and letters of administration.

VitalSpace branch network

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