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Auction
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- Lemon Quarter
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Re: Auction
Yes. Properties can be marketed and all the paperwork done prior to Probate.
However Exchange/completion cannot as the Executor has no Authority over the asset until Probate is granted.
At least this was the situation when mum died 2 years or so back and her flat was already under offer.
[edit] The Auction rules might require a quick Exchange/completion so check Probate doesn't interfere with that.
Paul
However Exchange/completion cannot as the Executor has no Authority over the asset until Probate is granted.
At least this was the situation when mum died 2 years or so back and her flat was already under offer.
[edit] The Auction rules might require a quick Exchange/completion so check Probate doesn't interfere with that.
Paul
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- The full Lemon
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Re: Auction
DrFfybes wrote:Yes. Properties can be marketed and all the paperwork done prior to Probate.
However Exchange/completion cannot as the Executor has no Authority over the asset until Probate is granted.
Are you sure about that? I rented out my mother's house after she died, until i got around to selling it. My solicitor told me that I had the legal authority to do that by virtue of my status as the executor of the will, regardless of whether probate had been granted (it had not at that time).
So it may not be possible to change the title of the property without probate. But that is not the same as having "no authority over the asset".
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- Lemon Quarter
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Re: Auction
Lootman wrote:DrFfybes wrote:Yes. Properties can be marketed and all the paperwork done prior to Probate.
However Exchange/completion cannot as the Executor has no Authority over the asset until Probate is granted.
Are you sure about that? I rented out my mother's house after she died, until i got around to selling it. My solicitor told me that I had the legal authority to do that by virtue of my status as the executor of the will, regardless of whether probate had been granted (it had not at that time).
So it may not be possible to change the title of the property without probate. But that is not the same as having "no authority over the asset".
I should have said no authority to dispose of the asset.
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