Donate to Remove ads

Got a credit card? use our Credit Card & Finance Calculators

Thanks to Blatter,orangepekoe,longview,ouzo,Fluke, for Donating to support the site

Auction

Covering Market, Trends, and Practical (but see LEMON-AID for Building & DIY)
Alan24
Posts: 41
Joined: May 27th, 2024, 7:13 am
Been thanked: 2 times

Auction

#707759

Postby Alan24 » January 24th, 2025, 7:03 pm

If putting a property up for auction sale can the process be started before probate is finalised ?

DrFfybes
Lemon Quarter
Posts: 4683
Joined: November 6th, 2016, 10:25 pm
Has thanked: 1633 times
Been thanked: 2464 times

Re: Auction

#707771

Postby DrFfybes » January 24th, 2025, 9:41 pm

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

Lootman
The full Lemon
Posts: 22338
Joined: November 4th, 2016, 3:58 pm
Has thanked: 822 times
Been thanked: 8494 times

Re: Auction

#707772

Postby Lootman » January 24th, 2025, 9:47 pm

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".

DrFfybes
Lemon Quarter
Posts: 4683
Joined: November 6th, 2016, 10:25 pm
Has thanked: 1633 times
Been thanked: 2464 times

Re: Auction

#707777

Postby DrFfybes » January 24th, 2025, 10:36 pm

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.


Return to “Property Investment Discussions”

Who is online

Users browsing this forum: No registered users and 2 guests