It can take some time to receive a Grant of Probate from the courts. Executors are typically under quite a bit of pressure from the beneficiaries to wrap up the estate quickly. Executors are often in a hurry to sell the house or other property in the estate for many reasons. The entire process can be very horrifying. We’ve noticed that this is particularly true if the market is in the seller’s favour at the time as everyone is scrambling to get the deal done before the market slows down.
Unfortunately, to many beneficiaries the executor does have to wait for the actual court order (probate). It’s not an easy process for the lawyers, there are a lot of moving parts that are taken care of behind the scenes to ensure everyones well being and safety. If you think about what it actually does… it allows someone else to sell a person’s house and look after the money. If a Probate order wasn’t needed, then what would stop pretty much anyone from trying to sell that house and keep the money? The probate order is proof that the person selling the house, who after all is not the owner of it, has the legal right to sell it and accept the money.
An executor who goes ahead without the probate and tries to sell a property will find that the Land Titles Office or registry will not allow this to happen. They must have a court certified copy of the probate before they will register a new owner.
This doesn’t mean that the house can’t be listed for sale while the probate documents are being processed at the court. The executor who is selling the house just needs to make sure that he or she is clear on the sales agreement that the sale is subject to a probate order being granted. This is especially important during a sellers market or while the value of the home is high. You can lock in a buyer at a high sales price and wait for probate from the executor to complete the sale.
You can list the home once you are a beneficiary and the power of attorney or the ability to sign for the home has been granted by a lawyer.