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Probate

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Stargazer | 15:51 Thu 02nd Feb 2023 | Law
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What does it mean? I live alone in a houte that I I own standing in half an acre.I have left it to my two adult children. Is there a time limit that they have to empty the house in order to sell it? It is full of many collectables so will take a very long time to clear it. At what point do they have to employ a solicitor?
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they dont have to employ a solicitor
they dont have to sell the house if they dont want to.
if you have awill (which you seem to indicate you do) who is executor?
No time limit, no solicitor, you appear to have a will. Probate just means validation.
Nob's answer was not there when I started.
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Thank you Bednobs and Tora. To make it clear. They do not have to employ a solicitor AT ALL? They do not have to sell the house? I have a will. The eldest child is executor. Is this all true? Can anyone sleep. in it wile sorting through contents?
Are your two children the only beneficiaries in the will? Do you have any debts which will need to be settled?

This is a fairly clear guide to Probate:
https://kuavo.co.uk/probate-house-sale-everything-you-need-to-know/#:~:text=Probate%20is%20a%20legal%20process,are%20going%20to%20focus%20on.
There is never any need to employ a solicitor EVER, they do nothing you cannot do yourself. They do not have to sell the house but may choose to if the estate has to pay IHT for example. Anyone can sleep in it with the executors permission.
If one of them wants to sell and the other doesn't it can cause problems unless the one who doesn't want to sell has enough to buy the other out, but that is not really your worry, although you stipulate in your Will that the house is to be sold and the monies divided equally (or whatever proportion you want).

I am assuming neither children live with you - the replies would be different if one child does.

Not meaning to sound insensitive but you might think about doing them a favour and start to sell the collectables yourself. You might enjoy doing it gradually and seeing what you can raise for each one. Otherwise if they are busy people they might just get a house clearance company in and take a single offer for anything they don’t want to keep themselves.

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