Selling property in probate

Legal questions answered by Cyprus property lawyer Louise Zambartas

Moderator: louisez

Post Reply
Message
Author
magnet
Posts: 3
Joined: 17 Feb 2013 18:26

Selling property in probate

#1 Post by magnet » 18 Feb 2013 13:07

Hi this is my first post here.
I live in the UK but my mother has a property in Cyprus in which she lives. Last year my farther died and she is thinking of selling the property and moving somewhere a bit more central. They have a will which says to the effect that if one of them dies the estate passes to the surviving partner and eventually to the the children (I'm the oldest of three). The will has gone to probate which I understand can be quite lengthy. Can she still sell the property if the will is in probate, and are their any other problems that we should be aware of?

Any help much appreciated. Many thanks.



Nigel Howarth
Site Admin
Posts: 2175
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Selling property in probate

#2 Post by Nigel Howarth » 18 Feb 2013 15:31

Hi magnet, I'm sorry to hear about your father. To answer your questions:
magnet wrote:Can she still sell the property if the will is in probate?
No - I'm afraid that she will have to wait until probate is granted
magnet wrote:are their any other problems that we should be aware of?
If your parents appointed a lawyer to act as their executor - and they did not agree beforehand the charges and have it written into their Wills, your mother's legal fees could be quite high compared to the UK.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

magnet
Posts: 3
Joined: 17 Feb 2013 18:26

Re: Selling property in probate

#3 Post by magnet » 19 Feb 2013 15:13

Thank you for your quick response.

I thought that would probably be the case.
Could she put the property in a revokable living trust, or is that not possible now the probate process has started?



Nigel Howarth
Site Admin
Posts: 2175
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Selling property in probate

#4 Post by Nigel Howarth » 19 Feb 2013 17:28

magnet wrote:Could she put the property in a revokable living trust, or is that not possible now the probate process has started?
I believe that all of your late father's estate will remain frozen until probate has been granted.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news


Post Reply

Who is online

Users browsing this forum: Bing [Bot] and 2 guests