Can you sell before probate ?

[DustyLee123]

A relative’s dad has died. Can the house be sold before probate ? There’s a nursing home bill owed to the council.

No, probate will need to be granted before the house sale can complete. Executors of the estate can begin legal proceedings whilst the application is in process but you will not be able to exchange or complete on the sale before.

You can start the sales process and go as far as exchange of contracts, but can't complete until probate is issued.

No. You can market it before probate, but you cannot complete the sale until probate has been obtained.

Ok, thanks.

No, you need grant of probate. Also, the personal representatives should check the will to ensure that the house has not been specifically left to someone (care costs should be paid from the residue first and should only affect specific gifts if there is insufficient residue to settle debts).