WHat can I do before probate?

Margot123

It is quite usual for executors to market the property whilst simultaneously applying for Probate. In fact, I have done this myself in the past.

Estate agents are very used to this scenario and can make small delays, and word thing in such a manner, in order to make sure the process runs smoothly and is timed correctly. They very rarely tell the buyer at the outset that it is a Probate sale, unless they ask.

I can't imagine any solicitor would exchange contracts without the grant being in place; they have to show individuals have legal authority to sell otherwise what's to stop me selling next door's house?. You have to remember that there are two independent solicitors involved as well.

Keep_pedalling

Margot123 wrote: »

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.

As an only child and (presumably) the major beneficiary the chances of that happening are as near to zero as possible.

Margot123

The words 'Presumably' and 'near to' reveal a lot!

getmore4less

Margot123 wrote: »

I can't imagine any solicitor would exchange contracts without the grant being in place; they have to show individuals have legal authority to sell otherwise what's to stop me selling next door's house?. You have to remember that there are two independent solicitors involved as well.

Don't confuse exchange of a contract with the completion process

Exchange would be very non standard and is very unlikely unless there are very good reasons as in nearly all cases it is simpler to just wait.

Exchange happens all the time with new builds where the properties don't even exist yet just a promise that one will at some point in the future and that is a very flexible date.

The OP is asking what can be done not what some random strangers on the internet would do.

Until I suspect otherwise I will assume the OP is smart enough to do what is appropriate for their situation at the time.

Margot123

getmore4less wrote: »

Don't confuse exchange of a contract with the completion process

Exchange would be very non standard and is very unlikely unless there are very good reasons as in nearly all cases it is simpler to just wait.

Exchange happens all the time with new builds where the properties don't even exist yet just a promise that one will at some point in the future and that is a very flexible date.

The OP is asking what can be done not what some random strangers on the internet would do.

Until I suspect otherwise I will assume the OP is smart enough to do what is appropriate for their situation at the time.

And this is why I always state when I speak from my own personal experiences.
No one is questioning the OP's capabilities, not sure why you have to bring that into the mix.

Rodders53

yoyo42 wrote: »

I'm dealing with my mum's estate, I'm the only son and sole executor.

Only child? or are there others? It will likely make a difference to the replies given.

Now a couple of her friends (who are going to be beneficiaries when probate is sorted out and the house sold)

What legacies are left to these "friends"? Is the sale of the house and/or contents needed to fulfil these legacies?

Who is the residual beneficiary (or beneficiaries if the residue is to be shared)?

Yorkshireman99

getmore4less wrote: »

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

What can I do before probate?

Which is not helpful at all. Better to say nothing and not muddy the waters,