We have had several inquiries lately regarding the legality of selling chattels without probate. The arguments are generally along the lines of the last will and testament being the parent document. Whereas the grant of probate simply rubber-stamps the decision, some say.
Our answer, in summary terms, is that is all fine and dandy if the will is the most recent one and it is legally valid too. But if that turned out not be the case, then the executor who jumped the gun could find themselves in trouble.
They could, for example, find themselves facing claims that they acted illegally, and be caught between contesting heirs. If they sold a valuable chattel out of the estate, then they might have the unenviable task of retrieving it.
A wise executor under pressure, should ask themselves why they are buckling to pressure. If they were an heir themselves, they could even face fraud charges. Although there is another side to this argument as we shall see.
Selling Chattels Without Probate Legally
Although we caution against selling chattels without probate permission, the following counter-argument may have some merit:
- The executor’s authority devolves from the will itself, as the expression of the deceased person’s wishes and desires.
- A grant of probate merely acknowledges the will, and grants the executor legal authority to implement the testament.
So we could summarise at this stage by agreeing that a will awards moral authority, whereas the probate confirms that a will is legal.
But What if There Is No Will at All?
Well, if there is no will at all, or a legal one at least, then the distinction between those two alternatives falls away. As a hopeful executor you would have no right, either moral or legal, to administer the estate.
You – or someone else who was also a close relative – would have to apply for letters of administration to proceed. This authority, from a probate court or a surrogate court, would allow you to administer a deceased person’s estate, when there is no will or when the will is invalid.
This a far safer route than selling chattels without probate or letters of administration. You would have to apply for either in any case, if the estate includes fixed property or financial assets, so you may as well get the paperwork done.
Things to Check First Before You Sell Chattels
Examine every detail of the will carefully, to make sure that it does not prevent the sale of the chattels concerned:
- If the contents of the home are left to an heir, then you need to consult them first before you sell chattels you find there.
- What about the debts of the estate? If the estate owes money, then the proceeds must go towards settling that first.
Do You Know the Value of the Chattels You Are Selling?
An executor has a duty to give the heirs best value, in as short a time as possible. There’s tension between these two variables, because they often pull an executor in different directions.
Then there is also the question of inheritance tax due above a threshold. The HMRC is alert to undervaluing valuable chattels to avoid paying the tax. An executor could be personally liable, if an assessor claims they deliberately did this.
Why run risks, when it is not your money? Find an experienced valuer based in London who knows their stuff and has the right connections. Once you can prove the actual worth, you can motivate if you sold the assets for less.
Eclectic Collection of Jewellery (Avery Associates)
Keep Records of All Chattel Sales
You can’t afford to take chances, especially where a mistake could affect your personal reputation. Note the following information down in a safe place you can easily find:
- A written record of each sale including description and photographs.
- How you valued the asset before you sold it, and the method you used.
- The valuation method, including the valuer, their reference and the date.
- Details of the sale proceeds, and how you saved or spent the money.
That way, if you do have a query perhaps months later, you will have the information at your fingertips.
Why Choose an Avery Associates Valuer
Avery Associates started out in London in 1978. Since then, they have expanded their services nationwide. They have a network of surveyors and valuers who are all specialists in their craft.
Don’t take chances with valuable chattels if you are an executor or heir. Insist on a valuer team with an enviable reputation in the market. Reach out to us now, and we will provide you with a highly competitive professional fee that does not discount value.
More Information
Selling Property From a Deceased Estate
Managing Property in a Deceased Estate
Dear Jeff,
Thanks so much for all your work valuing and then clearing my parents’ house. It was a daunting job and your team made it feel manageable … The house was left beautifully empty and even hoovered, and the buyers expressed their appreciation. All best wishes, Louise Campbell
