selling property without probate

[Pezza54]

Thanks
The son may have trouble obtaining a mortgage on a property that is not his main place of residence

[nimrod2020]

To recap: The entire estate of farmhouse and land was owned by 3 brothers as tenants in common.

You have clarified that the administrators only have authority to deal with the assets of Brother 3 (as his was the only Will to be sent for probate).

Assuming that the wills of the remaining 2 brothers are not (yet) sent for probate, then can the executors of the estate of Brother 3 actually sell anything at all (by stating that they have permission (probate) for 1/3 of the entire estate),
or
does the fact that the entire estate was owned by all 3 brothers (in common) mean that probate must be obtained for all 3 brothers before anything at all can be sold ?

thanks

[atticus]

I refer you to my first post in this thread. Probate must be obtained in respect of the estates of each of the 3 co-owners.

[nimrod2020]

I refer you to my first post in this thread. Probate must be obtained in respect of the estates of each of the 3 co-owners.

Thank you Atticus; much appreciated.

[nimrod2020]

Atticus and Pezza: Thanks to both of you for your time and kind advice.

We now have slightly different, although closely related questions, and so have started a new thread on the Housing forum.

Kind regards.

[Pezza54]

Your appreciation is appreciated

[nimrod2020]

In the context of executors the majority rule. So the answer to your question 2 is "yes"

Thank you Pezza;

I'm sorry to revisit the question of executors majority rule:

Whilst I and 2 of the beneficiaries completely accept the premise that in a situation with multiple executors, then although it would be nice for everyone to agree, but if they don't then it becomes a majority vote - in our case, with 3 named administrators, the third person is disputing that he can ever be outvoted.

It makes total sense to me, as without a "majority rule" option, then a single administrator could simply elect to not agree with anything, and drag things out . . . for ever !

Can you guide me to some legislation or official guidance etc. that the 2 others can then bring to his attention (I'm phrasing it mildly as it's getting pretty messy);

thanks