When someone dies leaving a property containing furniture, personal belongings and other possessions, family members may want to begin clearing the house before probate has been granted. In England and Wales, it may be possible to take certain steps to secure, organise and clear a property before a Grant of Probate or other appropriate grant has been obtained. However, care should be taken before removing, selling, giving away or disposing of items because they may form part of the deceased’s estate.
There is a difference between taking practical steps to protect or organise belongings and distributing or disposing of estate assets. Executors should therefore establish what the deceased owned and what should happen to their possessions before clearing the property.
Understanding what can be done with a property before probate can help executors protect estate assets, avoid disputes and ensure that belongings are dealt with correctly during the administration of the estate.
Initial Telephone Discussion
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Can a House Be Cleared Before Probate Is Granted?
It is not always necessary to wait until probate has been granted before taking any action at the deceased’s property. Executors may need to enter the property to secure it, identify belongings, locate important documents and prepare an inventory of estate assets.
However, clearing a house completely can involve decisions about possessions that belong to the estate. Executors should be careful not to distribute, sell or dispose of items prematurely, particularly where their ownership or value is uncertain or where specific belongings have been left to beneficiaries under the will.
Before substantial clearing takes place, it is sensible to check the terms of the will and establish whether any particular possessions have been left to named beneficiaries.
What Can Executors Do Before Probate?
Before probate is granted, executors can take reasonable steps to protect and preserve the deceased’s property and belongings. This may include checking that the house is secure, arranging appropriate insurance, dealing with urgent maintenance and identifying or valuing possessions.
It can also be sensible to create an inventory and take photographs before items are moved. Valuable possessions such as jewellery, artwork, antiques or collections may need professional valuations, particularly where their value is relevant to the valuation of the estate or inheritance tax position.
Important paperwork found within the property should also be retained, as documents relating to bank accounts, investments, debts, insurance or other assets may be needed when establishing the extent and value of the estate.
Can You Sell or Give Away Belongings Before Probate?
Executors should be cautious about selling, giving away or disposing of estate belongings before the estate has been properly assessed. Items may need to be valued as part of the estate and some possessions may have been specifically left to particular beneficiaries in the will.
Removing or disposing of belongings too early can create difficulties if an item later needs to be valued, transferred to a beneficiary or accounted for during the administration of the estate. Where there is uncertainty about an item’s value, ownership or who should receive it, it may be appropriate to leave it in place or store it securely until the position has been established.
Where items are sold as part of the administration of the estate, appropriate records should be kept of the items sold and the money received.
What About Items With Little or No Financial Value?
Not every item in a property will have significant financial value. Executors may eventually need to deal with ordinary household contents, clothing and other personal possessions as part of clearing the property.
Even where items appear to have little monetary value, care should still be taken before disposing of them. Some belongings may have sentimental importance to beneficiaries or family members and apparently ordinary items may occasionally have greater financial value than expected.
Checking the will, consulting relevant beneficiaries where appropriate and keeping a reasonable record of what has been removed can help prevent disagreements.
Protecting the Property Before Probate
An empty or unoccupied property may require additional attention while the estate is being administered. Executors should ensure that the property is adequately secured and that the insurer is informed of the owner’s death and any change in occupancy.
Insurance policies may contain specific requirements for unoccupied properties, such as regular inspections or precautions relating to utilities and security. Executors should check the relevant policy and comply with any conditions to help ensure that appropriate cover remains in place.
If the property will remain empty for some time, executors should continue to monitor its condition and deal with any issues that could cause damage or reduce the value of the estate.
The Importance of Legal Advice
Clearing a deceased person’s home can involve more than simply removing unwanted belongings. Executors have responsibilities when dealing with estate assets and should ensure that valuable items are identified, appropriate records are maintained and gifts under the will are respected.
A solicitor can advise executors about what steps can safely be taken before probate is granted and how possessions should be valued, protected or distributed. Professional advice may be particularly useful where there are valuable belongings, disagreements between beneficiaries or uncertainty about the ownership of particular items.
How To Get In Contact
If you are dealing with someone’s estate and are unsure whether you can empty or clear their house before probate is granted, our experienced team can provide clear and practical guidance tailored to your circumstances.
To get in touch, call us on 0333 0579048 or email hello@fmtsolicitors.co.uk. We advise clients across England and Wales and are here to support you during this difficult time.