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Selling property in probate

Posted: 18 Feb 2013 10:07
by magnet
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.

Re: Selling property in probate

Posted: 18 Feb 2013 12:31
by Nigel Howarth
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,

Re: Selling property in probate

Posted: 19 Feb 2013 12:13
by magnet
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?

Re: Selling property in probate

Posted: 19 Feb 2013 14:28
by Nigel Howarth
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,

Re: Selling property in probate

Posted: 19 Feb 2013 16:00
by magnet
Thank you.