Can I Sell a House Without Probate? A Comprehensive Guide for England and Wales
Losing a loved one is never easy, and dealing with the legalities that come after can be overwhelming. If you’ve inherited a property, you might be wondering if you can sell it without going through probate. The short answer is that it depends on a few factors. This blog post will guide you through the process and provide you with the information you need to make the best decision for your situation.
Firstly, let’s define probate. Probate is a legal process that proves the validity of a deceased person’s will and appoints an executor to distribute their assets. If the property was held jointly and the other owner is still alive, probate may not be necessary. However, if the property was owned solely by the deceased, then probate will usually be required before the property can be sold.
The process of obtaining probate can take several months, and during this time, the property cannot be sold. However, if there is no will, the property will be distributed according to the rules of intestacy, and the process will take longer. If you’re unsure about whether probate is necessary, it’s best to seek legal advice.
If probate is necessary, the executor will need to apply for a grant of probate, which gives them the legal authority to deal with the estate. Once the grant of probate has been issued, the executor can begin the process of selling the property. The executor must ensure that they follow the terms of the will or the rules of intestacy when selling the property.
If there are multiple beneficiaries, the executor must obtain their agreement before selling the property. However, if all the beneficiaries are in agreement, the executor can sell the property without obtaining a court order. If the beneficiaries cannot agree on the sale, the executor may need to apply to the court for directions.
If the property is sold before probate has been granted, the sale may be declared void. In this case, the buyer will be entitled to a refund of any money paid. It’s important to wait until probate has been granted before agreeing to sell the property.
Conclusion:
Selling a house without probate in England and Wales can be a complex process. Whether or not probate is necessary will depend on the circumstances, and if it is required, it can take several months to obtain. If you’re unsure about the process, it’s always best to seek legal advice. Once probate has been granted, the executor must ensure that they follow the terms of the will or the rules of intestacy when selling the property. If there are multiple beneficiaries, obtaining their agreement is essential. Selling a property before probate has been granted is not advisable and can result in the sale being declared void.
Smart Property Sales can assist you in selling your inherited property completely free of charge. Follow the link for a no-obligation valuation.