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Original poster

Renting out a property whilst waiting for probate

33 replies

Anna713 · 05/07/2025 16:38

My mil has died without leaving a will. Her estate will pass to my husband and sil. Her house is currently being rented out as she has been living in a care home and the rent was going towards the costs. Coincidentally the present tenants leave at the end of the month. Can my dh and his sister continue to rent out the house to a new tenant whilst we wait for probate. I understand it is not possible to sell the house until probate has been granted but I am not sure where we stand with renting out the property. Obviously the rent will continue to go into my deceased mils bank account.

OP posts:
Limehawkmoth · 07/07/2025 13:16

Op, people seem not to have twigged that there is no Will.
there are no executors. Never will be.
it will need to be handled through grant of probate/administration and this takes longer than normal probate where there is a will .
no one can make any decisions, or having cunning plans until that grant is given.

put bluntly her estate now belongs to his majesty the king 🤨. It literally will go to crown estates or governemnt (depending on where you live) after a given number of years, unless someone comes forward with a claim and to act as administrator or probate under a grant . The rules of inheritence under intestacy are laid out in law that is not open to challenge or debate.

godmum56 · 07/07/2025 13:17

Limehawkmoth · 07/07/2025 13:08

It’s interstate. No one is executor .

Some one will need to apply for grant of administration - probably husband and SIL jointly …unless there are other beneficiaries under law of intestancy

this process is usually around 6-12 months if there’s a property involved , longer than simple estate probate people are saying is “is quite quick now”

no one can do anything until grant is given. Accounts frozen . No executors to make decisions. Short answer nope it can’t be rented. bank accounts can’t be touched. Bills will go frozen so I think that’s only thing they can try to do to notify all bill company, and council via the tell us once that’ll stop her pension etc. at same time

it’s a bugger, but is what is it . Instancy is very problematic

OP, you must follow the law on this.

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I know that now, it was answered before your post. In my second post I mentioned the executor's duties.

SabrinaThwaite · 07/07/2025 13:19

MissMoneyFairy · 07/07/2025 13:01

No you cant

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I’ve just been through all this with my late mother’s estate and her Santander current account.

The account is blocked, and outgoing payments are stopped, but it can still receive incoming payments.

It’s specified in the letter they send when you notify them of the death.

Renting out a property whilst waiting for probate
SabrinaThwaite · 07/07/2025 13:34

Useful link on dealing with an estate where there’s no will:

www.moneyhelper.org.uk/en/family-and-care/death-and-bereavement/sorting-out-the-estate-when-there-isnt-a-will

FourLove · 07/07/2025 13:38

godmum56 · 05/07/2025 17:48

Whoever takes over the execution of the estate has a legal duty to do their best for ALL the beneficiaries of the estate. The beneficiaries will either be named in the will or will be beneficiaries according to the laws of inheritance. I can't imagine a circumstance where allowing family members to move into the deceased's house and pay a nominal rent would be considered to be in the best interest of the beneficiaries.

Isn’t it in the beneficiaries interest to keep the house safe, aired and in good repair? They can’t rent or sell it and the bills would be covered by DS living there. Sounds a good deal.

godmum56 · 07/07/2025 14:02

All of which sounds fine until the family member/tenant won't/can't move out, doesn't keep the house in good order etc etc. An executor can allow a business to run or rent out a building provided such a decision is in the interest of the beneficiaries, one or all of which may be executors. I don't know the OP or her family so the advice I am giving is general

MissMoneyFairy · 07/07/2025 14:33

FourLove · 07/07/2025 13:38

Isn’t it in the beneficiaries interest to keep the house safe, aired and in good repair? They can’t rent or sell it and the bills would be covered by DS living there. Sounds a good deal.

Show quote history

It sounds good but it's not their property to rent out until the accounts are settled once they get grant of administration

Original poster
Anna713 · 07/07/2025 16:00

Thanks again for all the responses. It seems clear that we will need to consult a solicitor for advice.

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