When can a property be sold?

[Bobbyboy]

My BIL passed away last August and his house is standing empty and the garden is a mess, I am advised that his Probate will take at lest another year as his estate is rather complicated.
Can a house be sold while waiting for probate to go through? As another 12 months and it will be in a real mess.
Thanks.

[Pezza54]

Unfortunately no.
The estate agent and the conveyancing solicitor will want to see proof that the seller has the authority to sell the deceased's property. Probate is required naming the executor or executors

[PallasAthena]

The Executor(s) [is that you?] have a legal duty to maintain the property and they don't have to wait for Probate to do that. So the Executors should be keeping the garden tidy and doing any other maintenance that is necessary. The executors don't need to go round personally with a spade and lawnmower of course, hire a gardener. The cost comes out of the Estate.

Doing that will also make the house easier to sell and get a better price when Probate does come through.

Maintaining and securing the house and garden (and regular inspection visits) is also usually a condition of the insurance policy on an empty house.

[JustAThought]

Yes, through ad colligenda bona, the house can be sold by the Executors on agreement from the Probate Court and HMRC. HMRC are likely to say yes if they are due IHT.

Instead of awaiting a Grant of Probate, the Executors can apply for a limited grant, i.e. to do something specific e.g. sell a property - An ad colligenda bona application enables this.

Then the Executors and beneficiaries will have to wait for a full Grant of Probate.

[Pezza54]

Has any IHT been paid on the estate? This tax is due within 6 months after the date of death. After 6 months, HMRC will start charging interest which will diminish the value of the estate.

[PallasAthena]

Phyllis63 ia a spammer posting advertising links. Reported EXC ULA