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Can You Sell Inherited Property Before Probate Has Been Granted?

The simple answer is – no, you cannot legally sell inherited property before the probate has been granted. It is possible, though, to get the ball rolling and instruct your estate agent or agency to start advertising the property in question for sale before you have received probate. 

This is actually a very common practice with inherited properties and often you will find that they are placed on the market through an estate agent not long after the owner has died. It helps to ensure the sale contracts are ready to be exchanged once the probate grant has been officially received.

If you are intent on selling your inherited property through an auction, though, it is recommended you wait to make sure you have the probate grant before you start advertising. Even if you are sure the probate grant will arrive before the auction date, if you make any mistake in the probate application or there are any queries registered by the probate registry office, the probate grant could be further delayed by one or two months. 

Which may mean you have incurred expenses and wasted a lot of time organising and advertising for an auction that can’t take place. So, you should wait until probate has been successfully processed.

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