Selling & Buying at Same Time
Selling or buying a probate property? Selling as an Executor? Can you sell before Probate is granted? Can you sell joint property where one owner has died?
At Carmody Moran Solicitors our experienced team are at hand to help guide you through the sale process.
Probate sales can be quicker and easier. For purchasers of a probate sale property, the property is generally empty and as such a purchase of this nature often has the advantage of being the end of ‘the chain’.
On the flip side the Executor sometimes has limited knowledge of the property sometimes only having had the time of the probate to get familiar with the property and some of their answers to ordinarily basic information can be limited.
The length of time from going sale agreed to getting your keys can seem like the third secret of Fatima!
Carmody Moran Solicitors suggest an early consultation as soon as your contracts for sale arrive to review together all of the documentation available and put answers on all of these questions.
Sale of a property where a loved one has passed away can be a tough decision to make. Family members may not all be in agreement and it can be a difficult position for the Executor to make to sell the property.
Role of the Executor
The Executor often wants to be respectful to all of the family but then only the Executor faces the stress of maintaining an often empty property, worrying about vandals or burst pipes, paying the outgoings and taxes, and insuring the property.
We advise an early consultation with one of our experienced solicitors before putting the house on the market to review what documents are available, as it is not uncommon for title deeds to be mislaid or lost, and how best to proceed to ensure the transaction goes as smoothly and stress free as possible.
Generally speaking and subject to legal advice on your particular situation unless there is a surviving joint owner a Grant of Probate or a Grant of Administration Intestate must be applied for and granted before a sale of a property can complete.
Selling a property before probate is granted
You can sell before probate is granted and a property can be sold while the application for the Grant of Probate is pending and the closing date linked to its issue, but early legal and specific legal advice is recommended in such circumstances.
We have had cases of helping Executors who are resident abroad to sell properties in Ireland and helping them sell quickly. With emails, fax, and overnight secure deliveries the world is a much smaller place within which to do business.
It is advisable to obtain Probate at the earliest opportunity in order to avoid any potential delays.
Where matters are urgent Probate can be obtained in a matter of weeks when a property is sale agreed.
A telephone call with one of our experienced solicitors can answer your questions to discussed the process and estimated timescales and an early consultation before progressing too far in the transaction can greatly ease the transaction and help it proceed in a smooth and straightforward manner.
Call us on 00-353-1-8272888 to make an appointment to meet and discuss matters further or use the quick enquiry form here.
Note for other solicitors
Carmody Moran Solicitors offer agency services to solicitors located in the Republic of Ireland and abroad in conveyancing and probate matters. We offer excellent communication and clear and practice advice at all stages throughout the transaction. We are cost-transparent and having discussed your requirements we will be in a position to issue you with a written comprehensive estimate for the work involved. For further information telephone Anthony Carmody or Niamh Moran on 00-353-1-8272888.
Your Expert Team
At Carmody Moran Solicitors our experienced family law lawyers are on hand to advise and skilled in handling all nature of divorce.
The two partners of Carmody Moran solicitors have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.
He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.
Niamh manages the family law, conveyancing and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.