A: One of the most common questions we hear is: “Can I sell the house before probate is granted?” The simple answer is no.
When a loved one passes away, families often face the daunting process of probate — the legal procedure that gives executors the authority to deal with the estate. On the surface, it might seem straightforward, but in practice probate can be complex, time-consuming, and full of hidden pitfalls.
I am so very sorry to hear about your mum, and that you and your family are struggling financially on top of the grief you are experiencing. It must be very stressful for you and it is no wonder you want to hurry things along. But, please don’t be tempted to try and take things into your own hands, or subject yourself to one of these companies promising quick wins.
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Until the grant of probate is issued, executors don’t have the legal authority to transfer ownership of a property.
In limited circumstances, an emergency grant may be available, but even then it comes with restrictions and should be approached with caution. This is just one example of how families can run into difficulties when trying to manage probate themselves and there are many traps that can lead to costly mistakes.
An experienced probate solicitor can guide you through the process, explain your options clearly and ensure you avoid unnecessary delays or expenses.
With the right advice, you can move forward with confidence and protect both the estate and the beneficiaries.
Of course, you may decide to handle probate on your own. If you do, the important thing is that you’ve made an informed choice, fully aware of the risks and responsibilities involved. You might not realise that executors are personally liable for their actions, and, if there is more than one executor appointed, then they must agree unanimously on how to proceed. This can sometimes be an issue where families don’t get on – so seeking legal advice really is important in helping you manage any problems.
Not only can we provide the right way forward, it is peace of mind for you. At Downs we get to know our clients and do what we can to help and support them and their families ongoing.
Probate really is one of those areas of law where getting it right matters. Taking advice at the outset could save you time, stress, and significant cost in the long run.
If you’d like to discuss your situation, contact Downs Solicitors Private client team to see how we can help.
Contact Liz Dalgetty
