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seller does not have grant of probate- should we not have been told this?

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Comments

  • lindsaygalaxy
    lindsaygalaxy Posts: 2,068 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    When we looked at the house we were buying we were told probate was all sorted and ready to go by the estate agent (on 2 separate occasions. It only came to light it hadn't when our solicitor chased the other solicitors for forms they weren't sending through.
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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Should we not have been told this sooner??????

    Did you ask?
  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    edited 20 May 2015 at 9:03PM
    AdrianC wrote: »
    Depends in what capacity you're selling it.

    If you're selling it as "your house, which I inherited" - then, no, you can't sell it until probate is all completed. Because it isn't yours until then.
    If you're selling it as the executor, in order to distribute the proceeds, then you NEED to sell it before probate can be granted.

    I'm sorry, I disagree. Probate has to be granted before the executor has the authority to (put the house on the market).

    Edit - before the executor has the authority to sell the house.
  • why would I ask? Is it common place for every house buyer to ask this when buying a house? I thought that was what we paid solicitors for.
  • Beancounter
    Beancounter Posts: 1,076 Forumite
    why would I ask? Is it common place for every house buyer to ask this when buying a house? I thought that was what we paid solicitors for.

    As I said earlier in the thread we have been told that anyone who is interested in the flat I am selling will have to be told that Probate is still to be granted.
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