Selling valuables before probate granted

Robin77Wren

Does anyone have experience of doing this?  I know it's not advised, but I won't be able to market the house until the valuables are removed, and storing them elsewhere is not going to be possible.
Thank you in advance for your thoughts and experiences.

twopenny

Have you done an inventory of what is there?
With photos preferably and where they are going.

Do you have other people who are beneficiaries to account to?
Even if not it's worth doing and then add the amount they were sold for and any paperwork. It shouldn't hold you up too much.

Robin77Wren

Thank you Twopenny for your reply.  Yes I have an inventory - prepared by the valuer.

I have not started looking for buyers yet, as I'm not sure it's strictly allowed.  The only other beneficiary is my sister and we are on very good terms, handling this all together, although I'm the sole executor.  

p00hsticks

I'm not sure it would be classed as a 'valuable' (£850 ?) but I sold my father's car soon after he died, before I started the probate application - from memory I had to provide a copy of the death certificate, a copy of the will to show that I was the executor and proof of ID  (also the VC5 for the car, which I signed  'in capacity as executor') executor)

Flugelhorn

I sold my uncle's valuables before we had letters of admin (which were only needed for premium bonds) there were 9 beneficiaries of which I was one - I kept a couple of the others in the loop all the time and kept records of accounts - total was not huge - £3000 - other beneficiaries were just glad that someone had got on with it 

Keep_pedalling

As executor you can liquidate any assets that don’t require probate as early as you like unless any of object have not been left to specific beneficiaries. 

doodling

Hi,

The executor can legally start selling off stuff owned by the testator the second they have died.

But:

1. Many would consider it rather inappropriate to start the second after death and doing so may cause emotional distress to relatives and beneficiaries - best to wait a while, depending on the circumstances.
2. If there is any possibility that there may be a question about the validity of the will, or there is likely to be friction with beneficiaries (or wannabe beneficiaries) then waiting until probate is granted may be prudent when dealing with more valuable (in both a monetary and sentimental sense) items (because if someone else ends up being the executor then you will end up having to justify all your actions to them and risk getting into something of an argument (where your own money is at risk) if they don't believe that you have followed the will or maximised the payout to the beneficiaries (who could be completely different people if a different will was found and accepted as valid)).
3. If you want to sell a house then you can't do that until probate has been granted, the Land Registry won't let you.  There is nothing legally to stop you marketing it and getting up to the point immediately before exchange of contracts (in England) but some estate agents / conveyancers have their own rules / expectations about what they are willing to do before probate is granted.
4. Some entities may insist on probate before dealing with you, particularly if there is a large sum involved.

In summary, the answer is "depends on circumstances" but in "simple" cases then you are probably fine to just get on with it.

user1977

Robin77Wren said:

The only other beneficiary is my sister and we are on very good terms, handling this all together, although I'm the sole executor.  

In which case I don't see what the problem is, as it sounds like she's the only party with an interest. What problems were you thinking of? (other than persuading buyers you have the right to sell)