Can you sell a house before probate?

It is possible to sell a house before probate is granted, but the process can be more complicated.

When a person dies and leaves behind a house, the house is considered part of their estate and must be included in the probate process. The executors of the estate are responsible for paying any debts and taxes owed by the deceased, and for distributing the remaining assets to the beneficiaries of the estate.

If the house is to be sold, the executors must first obtain a grant of probate, which gives them the legal authority to manage the deceased's assets. Once the grant of probate has been obtained, the executors can legally sell the house.

However, if the house needs to be sold before probate is granted, the executors can try to get a "Grant of Representation" which allows them to act on behalf of the deceased and sell assets before probate is granted. This is typically done if the estate is in urgent need of funds, such as to pay debts or to cover the cost of the funeral.

It's worth noting that selling a house before probate can be more complicated as it requires the agreement of all the beneficiaries and the executors must have the full authority to do so. It's recommended to consult a probate solicitor or professional to guide you through the process.