Selling property before probate with funds being held in trust until probate is granted

westcoastphoenix

My mum recently passed away. My mum, brother, sister and myself are all listed as owners of her flat, with a Form A restriction in place. My siblings, myself and a solicitor are listed as trustees and executors of mum's estate, with the 3 kids being sole beneficiaries with equal division of the estate.

The solicitor is saying we can't sell the flat until probate is granted, however that seems to not make complete sense to me in our situation. From my research it seems simple enough to change the title deed to just show the 3 of us by sending a copy of mum's death certificate and completing a form with the Land Registry. Could we then not sell the property with the proviso that the proceeds from the sale be held with the other money from her estate at the solicitor's office until probate is granted?

If anyone has been in a similar position or has knowledge of this type of situation I'd appreciate any feedback/input.

Thanks.

JGB1955

Trust the solicitor - you need probate.  At the moment your mum 'needs' to agree to the sale of the property.  She can't do that - neither can her executors until probate is granted.  Probate gives them the authority to act on  her behalf.