Can I Sell an Inherited Property Before Confirmation?
Confirmation is the Scottish court document that gives executors legal authority to deal with the deceased's estate, including the property. Until it is granted, executors generally cannot complete a sale.
That does not mean nothing can happen. We can look at the property and set out what we would pay while the application is still progressing, so the family knows where it stands. Terms can be discussed in principle, with the sale completing once your solicitor confirms the executors have authority.
Your solicitor remains in control of the legal position throughout, and should confirm what can and cannot be agreed at each stage of the executry.
- Confirmation gives the executors authority to sell
- A property can be assessed while the application is progressing
- Completion follows once the legal authority is in place
- Your solicitor confirms what can be signed and when
What If Several People Have Inherited the Property?
Where a house passes to more than one beneficiary, everyone with an interest needs to be comfortable with the sale. Disagreement is common, and it is usually about price uncertainty rather than the sale itself.
A fixed figure and a fixed date can make that conversation simpler, because everyone can see exactly what the estate would receive and when. We are happy to explain the offer to all of the executors or beneficiaries, and to deal with a single point of contact if that is easier.