before probate

CLOUDS

Can you rent out a property before probate? I have a caveat in due to complications. No one is likely to inherit due to this so can I rent before?

g6jns_2

CLOUDS wrote: »

Can you rent out a property before probate? I have a caveat in due to complications. No one is likely to inherit due to this so can I rent before?

In theory there is no reason why the executors can't rent the property out. Can you give a bit more detail?

getmore4less

Yes.

There may be an issue if someone checks the ownership
The named executors should sign rental agreements.

chances are no one checks they(letting agents/Tenants) just assume its ok.

CLOUDS

Thanks both. There are no executors. And I am reluctant to be executor as there is a huge amount of litigation with estate. You see the tenant in common survivor never paid anything for property so as executor I would just hand it over.... half any way which I am not prepared to do.

g6jns_2

CLOUDS wrote: »

Thanks both. There are no executors. And I am reluctant to be executor as there is a huge amount of litigation with estate. You see the tenant in common survivor never paid anything for property so as executor I would just hand it over.... half any way which I am not prepared to do.

Is there a will or has anyone applied for letters of administration?

CLOUDS

Hi no there was no will and no letters of admin.

Savvy_Sue

CLOUDS wrote: »

Can you rent out a property before probate? I have a caveat in due to complications. No one is likely to inherit due to this so can I rent before?

I don't think YOU can do anything, because you do not have any authority: there is no will (as far as you know) so you are not the executor; you are not the administrator (sorting out letters of administration if there is no will) because you do not wish to be involved; and you do not appear to have any interest (as in ownership) in the house.

dzug1

CLOUDS wrote: »

Thanks both. There are no executors. And I am reluctant to be executor as there is a huge amount of litigation with estate. You see the tenant in common survivor never paid anything for property so as executor I would just hand it over.... half any way which I am not prepared to do.

If the laws of intestacy say that's what you must do, that's what you must do. You have no discretion or choice whatsoever.


If you are not prepared to do that then don't get involved.

loubel

If there is no Will then no one has authority to do anything with the estate. Executors have authority from death, administrators have it from Grant. Someone will need to step up as administrator if the estate is to be sorted.

CLOUDS

Thanks for all advice.
Just to clarify. There is no will. It was my father's property. I live at the property and did before my father died. So that's my interest. Also as mentioned that as executor I am under legal duty yo hand over half to someone that has never contributed? This is my struggle. I won't. I think that I can challenge this if I become executor? Bit I am not sure. Apologies as administrator.

Mojisola

CLOUDS wrote: »

Just to clarify. There is no will.

It was my father's property. I live at the property and did before my father died. So that's my interest.

Also as mentioned that as executor I am under legal duty yo hand over half to someone that has never contributed? This is my struggle. I won't. I think that I can challenge this if I become executor? Bit I am not sure. Apologies as administrator.

As there is no will, the rules of intestacy apply. This chart -
https://www.trethowans.com/cms/documents/Rules_of_Intestacy_chart___2012.pdf - shows who inherits.

Whoever takes on the estate has to follow the rules, even if they aren't happy with who ends up inheriting.