Experiencing the loss of a loved one is an extremely distressing period. The practical aspects that must be dealt with during this phase can also be quite daunting. Sharon Galley, Head of Property at JMP Solicitors, explains the role of an Executor includes selling a property and navigating complex legal and administrative procedures, requiring meticulous negotiation. Executors, tasked with overseeing the deceased’s estate, have substantial responsibilities throughout the sale, ensuring adherence to legal requirements such as obtaining probate.
The Role of an Executor:
An executor is the person named in a deceased person’s will who is appointed to carry out their final wishes and manage the distribution of their assets. When it comes to selling a property, the executor plays an essential role in overseeing the sale. Age UK provides valuable resources on their website that outline this process in detail.
What is Probate:
One of the main responsibilities of an executor is obtaining probate, a legal process that validates the deceased’s will and grants the authority to distribute their assets. Probate is often a pre-requisite for selling a property owned by the deceased, establishing the executor’s legal right to act on behalf of the estate. However, the probate process can be time-consuming and may result in delays in the property sale. Court approval is essential before the executor can proceed with selling the property.
Responsibilities in the Property Sale:
While awaiting probate, an executor is responsible for getting the property ready for sale, liaising with estate agents, and appointing a solicitor. Additionally, the executor must communicate effectively with beneficiaries and keep them informed about the progress of the property sale. Transparency is crucial to maintaining trust and minimising any potential conflicts.
Challenges and Delays in Obtaining Probate:
Probate delays can be caused by a backlog in the court system, contested wills, or incomplete documentation. These delays can significantly impact the overall timeline of selling the property. Executors must be prepared to be patient and keep all parties updated. The legal intricacies of probate can be daunting, especially for those unfamiliar with property law. Seeking legal advice is vital to help the executor streamline the process and address any challenges that may arise.
How JMP Solicitors Can Help:
JMP Solicitors have experienced solicitors ready to guide you through the role of being an Executor. By appointing a solicitor early on, we can help streamline the probate process, advise you of all the legal requirements, and facilitate communication with beneficiaries. We also offer advice on property listings, negotiations, and all legal aspects of the sale. For more information, call 01476 565 295 or email [email protected] for a free consultation.
