For executors, the weeks after a death can feel like a waiting room. The house needs dealing with, relatives are asking questions, and estate agents are keen to get a board up. Yet some steps cannot happen until the court has issued a grant. Understanding what can be done now, and what has to wait, makes it much easier to plan the move of furniture and belongings alongside the sale.
What the grant actually does
When someone dies leaving a valid will, the executors named in it apply for a grant of probate. Where there is no will, a relative usually applies for letters of administration instead. The grant is the document that banks, conveyancers and HM Land Registry generally expect to see before they will let an estate’s representatives deal with its assets, including transferring a house to a buyer.
Executors get their authority from the will itself, but in practice they need the grant to prove it. Administrators are in a different position: they generally have no authority to deal with the estate until their grant is issued. Applications in England and Wales are made through HM Courts and Tribunals Service, and GOV.UK explains how to apply.
What can happen before the grant
There is usually plenty of useful work an executor can do while waiting:
- securing the property and telling the insurer it is unoccupied
- obtaining valuations from estate agents
- gathering paperwork and finding out how the property was owned
- sorting through contents with the family and agreeing who keeps what
- getting quotes for clearance, removals and any storage needed
Many executors also choose to market the property during this period. Imperial Law, a Wolverhampton firm, explains in its guide to selling a house before probate that an executor can usually value, prepare and market a property while the application is under way, but the sale cannot normally be completed until the grant has been issued. The firm also notes that the position can vary depending on how the house was owned and whether there is any dispute, which is why advice on the particular estate matters.
What should usually wait
Exchanging contracts with a firm completion date before the grant arrives can put an executor under pressure if the grant takes longer than expected. Buyers should be told early that the property is being sold as part of an estate, so they understand why completion may depend on the grant.
It is also sensible not to give away or sell valuable contents before the estate’s position is clear. If there are debts to pay or a will to interpret, the executor needs to know what the estate holds before anything is distributed.
Lining up the removal with the sale
Because completion often depends on the grant, it helps to keep removal plans flexible. A common approach is to work in two stages. First, family members collect the items they are keeping and any furniture with sentimental value is moved or put into storage. Second, once a completion date is agreed, the remaining contents are cleared and the house is left empty for the buyer.
Talking to a removal company early, and explaining that the date depends on a probate sale, means they can suggest options such as short-term storage or a provisional booking. It also avoids the scramble of trying to empty an entire house in the last few days before completion.
Keeping everyone informed
Beneficiaries often feel anxious when they cannot see progress. A short update every few weeks, explaining where the application has reached and what has been done to the house, can prevent misunderstandings. Keep a record of every cost paid for the property, from insurance to clearance, as these normally need to be accounted for in the estate.
Every estate has its own circumstances, so check GOV.UK and take advice from a solicitor before committing to dates. With the right order of steps, executors can keep the sale moving without taking on risks they do not need to.
