Query on Probate and Selling a House

[buffymad]

Wonder if anyone can help?

Should an executor of a Will get a Grant of Probate before trying to sell the deceased's house? Or can they do that straight off? Don't know if it makes any difference but the executor was given power of attorney to deal with the deceased's finances etc before her death.

Thanks!

[237SJ]

My sister was the executor to my dad`s will and we couldn`t sell the house until we had probate granted.

[fredpuli47]

The power of attorney ended with the death.
The named executor(s) in the will cannot deal with the deceased's property until grant of probate.
If there is a joint bank account surviving of the deceased and some person still alive e.g. the executor, they can still use it .That is unaffected by the death.

[Barmaid]

There is however, nothing to stop the executor marketing the property and agreeing a sale. He just can't actually complete the sale until Probate is granted.