One of the most pressing questions when dealing with the complexities of probate is whether an executor can sell a property before obtaining probate. This is an important decision that can significantly impact the entire probate process.
This article will cover the intricacies of selling a property before probate and explore the benefits of working with a cash buyer like Property Saviour.
Table of Contents
The Probate Process: A Brief Overview
Before we cover the specifics of selling a property before probate, it is essential to understand the probate process itself. Probate is the legal process by which a deceased person’s estate is distributed according to their will. The executor, appointed by the will, is responsible for managing the estate, paying debts, and distributing assets to beneficiaries.
Probate can be a lengthy and complex process, often taking several months to complete.
Can an Executor Sell Property Before Probate?
In the UK, an executor cannot sell a property before obtaining probate without the necessary legal authority. Probate is required to confirm the executor’s authority to manage the estate, including selling property.
Without probate, the executor lacks the legal power to enter into a binding contract to sell the property. However, there are certain circumstances under which an executor can sell a property before probate:
- Emergency Situations: In cases where the property is at risk of damage or deterioration, the executor may apply to the court for permission to sell the property before probate.
- Court Approval: The executor can obtain court approval to sell the property before probate, but this requires a formal application and is typically only granted in exceptional circumstances.
Pros of Selling with Property Saviour vs Cons of Selling via an Estate Agent
- Pros of Selling with Property Saviour:
- Swift sale, typically within 10 days or at a timescale that suits you
- No estate agent fees
- £1,500 towards legal fees
- Guaranteed sale, no risk of sale falling through
- We handle all aspects of the sale
- Cons of Selling via an Estate Agent:
- Typically takes 3-6 months to sell
- Estate agent fees
- Legal fees
- No guarantee of sale, risk of sale falling through
- You handle all aspects of the sale
Is the Trade-Off Worth It?
The decision to sell with Property Saviour depends on your individual circumstances and priorities. If you need a quick sale and are willing to accept a lower price, then the trade-off might be worth it. However, if you have the time and resources to wait for a better offer through traditional estate agents or other means, you might be able to achieve a higher market value for your property.
At Property Saviour, we understand the importance of a swift and hassle-free sale. Here are some key benefits of selling with us:
| Benefits | Property Saviour | Estate Agent |
|---|---|---|
| Speed of Sale | 10 days or at a timescale that suits you | Typically 3-6 months |
| Fees | No estate agent fees, £1,500 towards legal fees | Estate agent fees, legal fees |
| Certainty | Guaranteed sale, no risk of sale falling through | No guarantee of sale, risk of sale falling through |
| Convenience | We handle all aspects of the sale | You handle all aspects of the sale |
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
