Selling a Probate property

MrsH2015

I wasn't sure whether this should be posted here but here goes.
We are in a position that we have never experience before. Probate is about to be granted on a relative's will and estate.  The end result will be that my husband will inherit a sum of cash and a property after specific gifts have been distributed.  My husband has no desire to keep the property and has had a brief chat with the solicitor who was the executor and said he planned to sell it.  We have now had an email form solicitor asking us for the keys so their 'property specialist' can arrange for 3 estate agents to go round and value property and that they will deal with the sale and all communications relating to it.

So my question is, does the solicitor need to be this involved, can we not sort out estate agents and agree sale etc even if we then use the solicitor to do the conveyancing etc, as surely we will be billed for the involvement of their 'property specialist'?  Is there any downside to us dealing with the sale itseld?

Thanks in advance

Thrugelmir

Unless the property is transferred to yourselves. Then the appointed executors will deal with the sale. Were any family members apppointed as executors? 

MrsH2015

Thanks for your quick response. 
No only the solicitor was executor.  Does this mean then its the solicitors decision what value it goes on sale for and their decision whether to accept an offer or not?  My husband wouldn't have any say in the process? I guess we are just thinking there will be less solicitor fees if we deal with it.  Presumably if it has to be put into husband's name that could prevent some people buying as he won't have owned it for 6 months possibly (sure I've read that somewhere)?

Kyresa

The Executor deals with the estate.  They are under a duty to get the best value for the estate.   I'd worry more about the estate agent fees than the solicitor fees for conveyancing!!    Once it is sold they will distribute the estate in accordance with the Will.  

pumas

Is the property specifically left to your husband? therefore his to do with as he wishes. Or just part of the residue of the estate? if so, as said above up to execs to get best price.
Surely the property was valued before applying for probate. Years since I've done it, but was given a value for quick sale and 'true' value.

davidmcn

MrsH2015 said:

surely we will be billed for the involvement of their 'property specialist'?

Their property specialist is likely to cheaper than the executor doing all the work themselves (and in practice they're likely to be delegating much of the other work anyway). Your husband can ask the question of course.

wilfred30

The only way I can see to avoid paying the solicitor for their services in selling the house is for your husband to tell him/her that he's changed his mind and now wants to keep the house.  Presumably, it would then be put into his name and he can sell it himself.
You're right that some lenders, but not all, do stipulate that the seller must've owned the property for 6 months but holding onto it for that long might be cheaper than paying the solicitor (executor).  Don't forget that it could take a couple of months to find a buyer which will eat into that time.

AdrianC

MrsH2015 said:

No only the solicitor was executor.  Does this mean then its the solicitors decision what value it goes on sale for and their decision whether to accept an offer or not?  My husband wouldn't have any say in the process? I guess we are just thinking there will be less solicitor fees if we deal with it.

Either he inherits the property - which he can then sell - or the executor sells it and your husband inherits the money. Choose one.

Presumably if it has to be put into husband's name that could prevent some people buying as he won't have owned it for 6 months possibly (sure I've read that somewhere)?

Yes, that's something you need to consider if you're going for the "inherit the property then sell" option.

davidmcn

AdrianC said:
Yes, that's something you need to consider if you're going for the "inherit the property then sell" option.

Though you'd hope lenders might take a sensible view about it. After all, the point of the rule is to prevent deliberate merry-go-rounds of property with the aim of mortgage fraud or money-laundering. Arranging somebody's death as part of that process seems rather extreme.

MrsH2015

Thanks everyone.  It looks like the easiest approach is to let the Solicitors firm deal with the sale.
It's just we had lost a bit of faith in the Solicitors over the last few months so were hoping not to have to deal with them for too much longer.
As i said we haven't been in this situation before so a whole new learning curve that may come in handy another time.

AdrianC

MrsH2015 said:

It's just we had lost a bit of faith in the Solicitors over the last few months so were hoping not to have to deal with them for too much longer.

Remember, you aren't their client. The deceased is their client.