Deceased Uncles house wont sell..?

ipri

Hi...( hope this is right forum)...My Uncle died a year ago,I believe I am part beneficiary. My brother is executor,but is not being helpful to the solicitor ...he hasnt spoken to me for years. I understand the solicitor is dealing with the house sale....it is not attracting much interest and has had the price lowered twice. Can the solicitor decide to sell in an auction to speed the process up?...is this the usual way to deal with this sort of situation?

thanks.

RAS

Hi

If they are selling the house, they need to get probate (if they have not got that, then a lot of potential purchasers will be put right off).

Once probate has been granted, you can get a copy of the will from the Probate Office. Give your local one a ring and they may be able to tell you if probate has been granted.

If it has not, you might want to suggest to the solicitor that they get it sorted before they sell the house. But your brother is the one who has to instruct the solicitor as he is the executor.

lincroft1710

Currently many properties on the market are failing to attract viewers, let alone offers.

ipri

Thanks...I have no idea how far along the probate route things are...I was only interested to find out if auction was a possibility in such cases.....I believe my brother is not communicating with the solicitor.....!!!

RAS

Who appointed the solicitor?

googler

Selling in Scotland, or E&W?

ipri

I presume it was my Uncle...he died exactly a year ago....house went on market about Sept. 2011...his next door neighbour has said my brother and his new wife accompanied my Uncle to a solicitor about a year before his death!!...BTW can probate be complete even though the house is not yet sold?...also...do I contact my uncles local Probate office?

ipri

Wolverhampton.

RAS

Hi

They cannot sell the house until probate is granted. Executors can start the process but cannot complete a house sale without probate.

Which is why purchaser hate them; the executor wants to sell, put it on the market and then the whole process drags on for months because probate has yet bee organised.

ipri

RAS...thanks...My uncles affairs were not complicated.....is it possible that probate is complete in view of the fact that the house is on the market?

00ec25

ipri wrote: »

RAS...thanks...My uncles affairs were not complicated.....is it possible that probate is complete in view of the fact that the house is on the market?

No - you are confused about definitions

the executor (your brother) can put the the house on the market whenever he wants to, ie pre or post (grant of) probate
BUT
he cannot complete on the sale until after probate is granted

Grant of probate simply means the executor has sent the will to the Probate Office and declared if there is or is not ant inheritancne tax to pay and so has been granted legal authority to administer the estate (ie complete the sale of the house)

Completion of probate is a different matter, it means the house has been sold and you, as a beneficiary, recieive whatever legacy you are entitled to per the will