Is There a Way to Settle Probate Without Selling the Property?

 In most probate cases, there is a property involved.  Not every estate has to go through the probate process.  If it is of low value or the entire estate is left to the deceased’s spouse or legal partner, and there is a will, probate is not necessary. But if the estate, including any property, is of a value above £10,000, the estate will have to go through the probate process, but is selling the property without probate a feasible option?

What is a probate property?

A probate property is a property that was owned by a deceased person and therefore becomes part of their estate.  The executors and/or beneficiaries of the estate are not officially allowed to sell the property until the probate process has completed and they have been given a Grant of Probate.  



However, there is an exception to this rule.  If the spouse of a deceased partner inherits the property and it is in their joint names on the Title Deeds, they are entitled to sell it before they have received a Grant of Probate.  That said, they are not allowed to exchange contracts or complete the property sale until the probate process has completed.

Is selling the property without probate possible?

If you haven’t been left a property in a deceased person's will and you are not planning on living it, the property will be sold.  As mentioned above, you are not allowed to sell it until the executors or administrators have been granted the authority to sign the necessary paperwork, which is called a Grant of Probate.  However, if the property is in joint names, the spouse or legal partner of the deceased may be able to sell the property prior to receiving a Grant of Probate, but they will not be able to complete the sale.


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Location: United Kingdom

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