Sale of deceased Parents house

StephenLovatt

Hi,
     Both my parents have recently passed and my Dad had appointed a local solicitors firm as the trusted executors. 
 My sister and her husband are keen for us to take the sale of the property from the executors and for us to deal with that ourselves. If we did this, would we be responsible for the utility bills and any other charges from estate agents etc or would this still be taken from the existing estate.
 Finally, once the house was sold,  would the money from the sale go back to the executors to be divided between the named beneficiaries or would that responsibility fall upon me & my sister. 
 Thank you in advance,
Steve.

MorningcoffeeIV

It's up to the executors if they want you to help sell the property, not your sister and her husband. 

I doubt they will want to relinquish control of the process as it leaves them very exposed.

Any money you acquire from the estate needs to be given to the executor - you can't just go handing it out.

Keep_pedalling

The time to do this was before the solicitors started the probate process and ask the solicitors to revoke their powers and hand over the whole process. That would have saved considerable solicitors fees, but you would still need a conveyancing solicitor so just taking on the house sale is not going to save you anything and is likely to complicate things somewhat as the executors would need to transfer the property to the beneficiaries before they could sell it.

polar_pig

If no action has been taken yet regarding probate or administering the estate (no intermeddling) and the beneficiaries agree, you could jointly ask the solicitors to renounce their executorship (they don't have to agree though). If they did, that would leave one or more of the beneficiaries to obtain Letters of Administration with will annexed. Once obtained they can then administer the estate and sell the property themselves. All costs come out of the estate before distribution.

Hoenir

StephenLovatt said:

 My sister and her husband are keen for us to take the sale of the property from the executors and for us to deal with that ourselves. 

What's the reasoning behind this? 

msb1234

I’m currently selling my mums house as her executor. I sorted probate out myself and am managing the sale but obviously need to use a conveyancing solicitor for the actual sale, as every vendor does. The house is owned at Tenants in common with my stepfather whom I have Deputyship for. 

The solicitor has explained that following the sale of the house, she will pay my stepfather’s share into his bank account and my mums share into the executor account I set up. It is then up to me to share this out with the beneficiaries. So, to answer your question, the monies from the sale will have to go to whomever is acting as executor.