Can Assets Be Sold Before Probate?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

What to Do If You’re Worried

If someone has died and you are worried that their assets may be sold before probate, this can be stressful and confusing. After a loved one has died, common fears among family members can be around whether money, property, or valuables disappear before everything is dealt with properly.

However, there are legal steps you can take if you are concerned about assets being sold early. Firstly, it’s advisable to speak to a specialist contentious probate solicitor about your concerns and whether you should move forward with a contentious probate claim. Below, we take a look at what you should know about estate assets and the probate process.

What Is Probate?

Probate is the legal process that gives someone the authority to deal with a person’s estate after they die.

• If there is a will, probate gives authority to the executor named in the will.
• If there is no will, Letters of Administration give authority to an administrator.

Until probate, or Letters of Administration, are granted, no one usually has full legal power to sell the deceased person’s assets.

 

Can Assets Be Sold Before Probate?

In most situations, no – assets should not be sold before probate.

Probate is the process which allows assets to be collected, sold, and shared out. Without it, selling assets is usually not allowed and can cause serious legal problems.

However, the answer can depend on the type of asset.

 

Assets That Usually Cannot Be Sold Before Probate

The following assets normally cannot be sold before probate is granted:

• A house or flat owned only by the deceased
• Land owned in the deceased’s sole name
• Shares and investments
• Business assets owned personally by the deceased
• Cars or valuable personal items that need ownership to be transferred

Banks, investment companies, and the Land Registry usually refuse to allow sales or transfers without probate.

 

Which Assets May Pass Without Probate?

Some assets do not form part of the estate in the usual way and may pass automatically. This can include:

• Jointly owned property held as joint tenants
• Joint bank accounts
• Life insurance policies written in trust
• Some pension death benefits

Even so, these assets can still be disputed if there are concerns about pressure, fraud, or unfair behaviour.

 

What If Someone Sells Assets Before Probate?

If someone sells estate assets without probate, this is a serious issue.

• The sale may be improper or unlawful
• The person responsible may have to repay the estate
• An executor may be removed from their role

If a family member or third party sells assets without authority, they can be held personally responsible for any loss.

 

Why This Is Important in Probate Disputes?

Selling assets before probate can cause harm, especially if there is already a dispute.

Early sales can:

• Reduce the value of the estate
• Make assets hard or impossible to recover
• Unfairly affect beneficiaries

This may happen where there are concerns about:

• A will that does not seem right
• Someone being pressured into making a will
• The executor acting in their own interests
• Family conflict after a death

 

How to Stop Assets Being Sold Before Probate?

If you think assets may be sold, you should speak to a contentious probate lawyer about what to do next. This may include:

1. Enter A Caveat

A caveat stops probate from being granted for six months (and it can be renewed).

This prevents the executor from gaining legal authority and is often the first step if you plan to challenge a will or the executor.

2. Ask for Estate Information

Your solicitor can immediately request an executor or administrator to provide details of:

• What assets are in the estate
• Whether anything has already been sold
• Where the money has gone

 

How to Make a Contentious Probate Claim

If you are worried about assets being sold, this is not just a normal probate issue as it may fall under contentious probate. To start a claim, you will need to:

Step 1: Check You Have a Right to Claim

You usually need to be:

• A beneficiary under a will
• Someone who would inherit if there were no will
• A creditor of the estate

Step 2: Explain To Your Solicitor Why You Are Concerned

Common reasons may include:

• The will may not be valid
• The executor is not acting properly
• Assets are being sold or hidden

 

What Should You Do Now?

If you are worried about assets being sold before probate:

1. Keep copies of any documents or messages
2. Consider entering a caveat as soon as possible
3. Get legal advice quickly
4. Avoid arguments that may make the situation worse

 

FAQs: Can Assets Be Sold Before Probate?

Can an executor sell property before probate?

No, an executor should not sell property before probate is granted. Until probate is issued, the executor does not have full legal authority to deal with estate assets.

Can bank accounts be emptied before probate?

Usually not. Most banks freeze accounts when they are notified of a death. Limited payments may be allowed for funeral expenses, but withdrawing or transferring funds without authority can cause legal problems.

What if a family member is selling assets without permission?

If a family member sells assets before probate and without authority, this is a serious matter. They may be required to repay the estate and could face legal action. You should seek legal advice urgently.

How do I stop someone selling assets before probate?

You can enter a caveat to prevent probate being granted. Acting quickly is important.

What is a caveat in probate?

A caveat is a notice that stops probate from being issued for six months (and it can be renewed). It is often used when someone plans to challenge a will or is worried about executor behaviour.

 

Contact Our Team For Specialist Advice – Free Consultation

If you are concerned that assets are being sold or may be sold too soon, you may need to take action through a contentious probate claim. Acting early can protect the estate and your position before it is too late.

Our panel of partner solicitors offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding.

Led by our MD Michael Jefferies, our team will give you the support and understanding you need. Call us at 0330 818 0348 or visit our Contact Us Page.