Probate and house sale

RupertB · 9 Sep 19, 12:37 PM

Asking this on behalf of an older neighbour (honest it's not us !).
Her father recently passed away and left everything to her including his house. I know the solicitors who are dealing with the estate are not the quickest and the daughter is not likely to be the sort to 'push' them.
My question is, is she allowed to sell the house in the meantime whilst the estate is being settled ? I think for probable purposes, she/the solicitor would have to get 3 valuations of the property as it will form part of her father's estate but surely she would be able to sell the house or start the ball rolling as long as the sale completion doesn't (and probably can't) complete until probable has been granted etc.

Thank you

**Dr.JumbaJookiba** · 9 Sep 19, 12:41 PM

When dealing with my Father's Estate I was advised not to put it up for sale before probate was filed as the sale cannot go through until probate is granted.

You are correct though that an estimate of value will be required for the probate process.

megaflyer · 9 Sep 19, 12:44 PM

Originally Posted by Dr.JumbaJookiba

When dealing with my Father's Estate I was advised not to put it up for sale before probate was filed as the sale cannot go through until probate is granted.

You are correct though that an estimate of value will be required for the probate process.

Exactly what I have been told - infact estate agents I approached for valuations for inheritance tax wouldn�t market it as probate is taking months to get through even after all the paperwork is filed (and as long as it�s correct ) - google probate delays and we are at 18 weeks now and counting and nothing the solicitor can do to speed it up - it�s so frustrating for us bereaved families but I can now understand estate agents reluctance !

Pumpkin Pie · 9 Sep 19, 12:46 PM

I am no expert but we are in the process of getting a relative�s house ready for sale and as my SIL will receive half the proceeds she has been asked to provide evidence by showing probate she has inherited from her husband who died a few years ago. I am talking about Scots Law though.

Lisa123wm · 9 Sep 19, 01:05 PM

We were all ready to exchange and complete on a house that was in probate.
It dragged on and the solicitors wouldn�t/couldn�t give us a date.
In the end we had to pull out and ended up losing money.
The first thing we now ask when looking at houses is whether there is any probate involved.
Will steer clear in future.
I think it�s best to wait until probate is granted before putting a house up for sale.

9 Sep 19, 12:41 PM	#2
	9 Sep 19, 12:41 PM Dr.JumbaJookiba VIP Dibber ✓Premium Member
Dr.JumbaJookiba VIP Dibber Join Date: Mar 07	When dealing with my Father's Estate I was advised not to put it up for sale before probate was filed as the sale cannot go through until probate is granted. You are correct though that an estimate of value will be required for the probate process. __________________ Dining Report Jan/Feb '19 Dining Report July '19 Dining Report Nov/Dec '21 Dining Report March �22 Dining Report April/May '23 Dining Report Jan/Feb '24

9 Sep 19, 01:05 PM	#5
	9 Sep 19, 01:05 PM Lisa123wm Imagineer
Lisa123wm Imagineer Join Date: Jan 08	We were all ready to exchange and complete on a house that was in probate. It dragged on and the solicitors wouldn�t/couldn�t give us a date. In the end we had to pull out and ended up losing money. The first thing we now ask when looking at houses is whether there is any probate involved. Will steer clear in future. I think it�s best to wait until probate is granted before putting a house up for sale.