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can the deceased's home be put up for sale before probate obtained and how long does it take to get probate

7 replies

MGMidget · 31/01/2021 18:55

After someone has died, if their house is going to be sold, must probate be obtained before the house can be put on the market? Also how long does it normally take to get probate? And if someone has power of attorney can they use that to put the deceased home up for sale or does the power end upon the deceased having passed away?

OP posts:
choirmumoftwo · 31/01/2021 19:18

We were advised we could market DFIL's house before probate was granted as long as potential purchasers knew there might be a delay in completing. Probate only took 2 week (last summer) but it was a very uncomplicated estate.
I believe POA stops once someone dies.

4Mongrels · 31/01/2021 19:22

Yes, as above. You can market a property but the sale can’t complete until probate is obtained. POA crashes upon death.

4Mongrels · 31/01/2021 19:22

Ceases!

MGMidget · 02/02/2021 15:59

Thanks for the answers. Do you need to see the will before starting to market the house? Sounding very ignorant here but its my father's home and I'm not an executor so just want to have some knowledge of what is going on or should be going on. Can there be only one executor of a will? I've no idea what's happening with my father's estate as my brother had sole power of attorney and has now put his house up for sale after he has passed away!

OP posts:
prh47bridge · 02/02/2021 17:31

There is no limit on the number of executors. It was entirely up to your father how many executors he appointed.

It would be sensible for the executor to see the will before starting to market the house. Indeed, until the executor has seen the will they won't know for certain that they have been appointed as an executor.

Dyrne · 02/02/2021 17:41

Sorry for your loss OP. I take it you and your brother don’t get on?

One thing to reassure you is that the process of selling usually takes so long that you’ll have had a chance to see and check the will for yourself long before your brother can do anything dodgy with the sale.

GenderApostate19 · 08/02/2021 10:13

You don’t have any right to see the will as you’re not an exec. Once probate is granted, you can obtain a copy of the will online.

Are you sure there is a valid will ? If not then your brother could have applied for letters of administration to deal with the estate.

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