WHat can I do before probate?

yoyo42

I'm dealing with my mum's estate, I'm the only son and sole executor. I'm handling probate myself - there's a house involved, she left a will, and the estate is well under the IHT threshold.

The paperwork side is going OK, but while I'm doing that I'm also starting to sort out the house. So far all I've done is empty and defrost the fridge and freezer, bring any 'attractive' items such as jewellery, alcohol and a TV back to my house for safekeeping (all written down on a list), and also brought her car over to mine having made sure it was insured for me to drive first. I've started bagging up some clothes and things in the house but left them there.

Now a couple of her friends (who are going to be beneficiaries when probate is sorted out and the house sold) are getting annoyed with me, saying I should basically have locked the doors and left it untouched until probate has passed. One of those friends has a key and I'm fairly sure she has let herself in to look around from things she has said, without asking me first.

Who is correct about what I can do before probate has been granted?

One of their main gripes seems to be that I started this within a week of the death and before her funeral.

Yorkshireman99

You are correct. Change the locks tomorrow and remind them they have no right to enter the house. As executor you have every right to do what you did and make sure valuables were safe.

getmore4less

CHANGE THE LOCKS.

As a named executor in a will that gives you all the power you need to deal with the estate.

what the grant does is save any institution from doing their own due diligence as that is done by the court.
Some places like land reg will insist on a grant.

You can even get the place on the market if you want



Some people mistakenly think it is the grant that give the powers to deal with the estate.

Yorkshireman99

getmore4less wrote: »

CHANGE THE LOCKS.

As a named executor in a will that gives you all the power you need to deal with the estate.

what the grant does is save any institution from doing their own due diligence as that is done by the court.
Some places like land reg will insist on a grant.

You can even get the place on the market if you want



Some people mistakenly think it is the grant that give the powers to deal with the estate.

Whilst the executor may be able to put it on the market that may not be the best chaice as they cannot exchange contracts until they have probate. Potential buyers may not want to wait.

Margot123

First step, make sure the house is adequately insured as an unoccupied property, if you haven't done so already. Your Mum's bank may release funds for this.

Secondly, change all the locks (you can reclaim the cost of this once Probate is granted if there is insufficient cash in the house). Your Mum's bank may also authorise release of funds for this, some do, some don't.

Politely inform all those you know may want access, that if they attempt to enter the property, you will call the Police as it is your duty to protect the estate as executor. If you suspect anything has gone missing in the meantime, inform the Police, as you will need to show it wasn't you who took them.

badmemory

Sounds to me like removing valuables before the funeral may have been a very good idea. With multiple keys floating around you could have found the place without carpets!

getmore4less

Yorkshireman99 wrote: »

Whilst the executor may be able to put it on the market that may not be the best chaice as they cannot exchange contracts until they have probate. Potential buyers may not want to wait.

It is up to the OP to deal with the timings but the main point is they can market the property before they have the grant and in many cases it is a sensible thing to do as it can expedite a sale as the sale process often tales longer than the getting a grant process.

Who cares if a buyer won't wait if it was not on the market that buyer would not even be there.

Contrary to what many think you can exchange contracts you just can't complete.

For loads of very obvious reasons exchange is not recommended and a lot of solicitors(both sides) won't even entertain the idea exchange.

Where a sale of property is beneficial and the estate complicated so significant delays are expected getting a special grant just to sell the property can be obtained(at more expense).

Keep_pedalling

Most banks will realease money held without the need to have probate in place, for example Barclays will release sums under £30,000. If these friends have just been left small sums and you can release enough cash from the estate, then give them their inheritance ASAP to get them out of your life.

Margot123

Keep_pedalling wrote: »

Most banks will realease money held without the need to have probate in place, for example Barclays will release sums under £30,000. If these friends have just been left small sums and you can release enough cash from the estate, then give them their inheritance ASAP to get them out of your life.

That's a very risky thing for the OP to do. What if there is a later challenge to the will or someone places a caveat on Probate? No solicitor would advise doing that.

Just by being forceful, the OP can get them off their back. No need to part with any money/property just yet.

Yorkshireman99

getmore4less wrote: »

It is up to the OP to deal with the timings but the main point is they can market the property before they have the grant and in many cases it is a sensible thing to do as it can expedite a sale as the sale process often tales longer than the getting a grant process.

Who cares if a buyer won't wait if it was not on the market that buyer would not even be there.

Contrary to what many think you can exchange contracts you just can't complete.

For loads of very obvious reasons exchange is not recommended and a lot of solicitors(both sides) won't even entertain the idea exchange.

Where a sale of property is beneficial and the estate complicated so significant delays are expected getting a special grant just to sell the property can be obtained(at more expense).

No prudent person would exchange contracts until they were certain they could complete at the agreed time. Neither would any prudent buyer do so. As any estate agent will tell you putting a property on the sale in such circumstances wouldl not be advisable. Quite why you should give the advice yi=ou di escapes me. It certainly is not helpful particularly to anyone unfamiliar with the scenario.

getmore4less

Yorkshireman99 wrote: »

No prudent person would exchange contracts until they were certain they could complete at the agreed time. Neither would any prudent buyer do so. As any estate agent will tell you putting a property on the sale in such circumstances wouldl not be advisable. Quite why you should give the advice yi=ou di escapes me. It certainly is not helpful particularly to anyone unfamiliar with the scenario.

it is not advice it is answering the question the OP asked.

What can I do before probate?