Removing Items Before Probate in the UK

If you’re having to apply for probate after a loved one's passing, you’re likely wondering what you can and can’t do in the meantime. Probate can be complex at times, and many questions come with understanding the process, especially regarding removing items before probate. To learn more about removing items before probate in the UK, continue reading.

Can You Remove Items From a Deceased Estate Before Probate?

The general legal advice is that you should not remove items from a deceased's estate before probate in the UK. Until probate is granted, removing or selling items belonging to someone who has passed could cause potential issues.

Probate is a legal process that should be followed carefully to ensure everything is completed correctly. By removing items from a deceased's estate, including any personal items, disruptions throughout the process are likely, and probate could take longer to be granted.

What Happens if You Remove Items Before Probate?

Removing items before probate in the UK isn't advised, but what happens if you do? Several complications will likely occur:

• Accusation of theft
• Disputes between beneficiaries
• Inaccurate valuations
• Legal penalties
• Possible court intervention

Simply put, removing items from a deceased estate is not worth it. While you may feel as though you have the right to manage someone's assets in their property after they die, you must do it legally through probate.

The Importance of Waiting for Probate

As discussed, probate is a legal process that must be followed. There are several reasons why it’s important to wait for probate before removing items from a deceased's estate:

• Ensures the correct legal processes are followed
• Prevents complications and setbacks
• Avoids potential disputes with beneficiaries

Probate exists for a reason, providing a legal framework to follow while managing a deceased person's estate. It’s important to obey the rules regarding probate and follow the process properly to avoid any issues.

What Can You Do Before Probate?

We know what you shouldn't do before probate - but what can you do? Before probate is granted, you can do a few things to help the process before it starts, but this does not involve removing or selling any items that still belong to the deceased. Before probate, you can:

• Start collecting key documents
• Create an organised list of any valuables
• Find out if you can cover maintenance for their property while probate is being granted

Experienced professionals, such as probate solicitors, can advise you on what you can and can’t do before being granted probate. Working with a reputable firm means you can approach the situation carefully while complying with the legalities involved in probate.

Who Can Remove Items After Probate?

If the deceased had a Will, the executor is responsible for clearing or removing items after probate. While the executor is in charge of removing goods, they don't necessarily have to do so themselves.

In most cases, using removal services to empty properties belonging to the deceased is the most popular choice after someone passes away. If the property is being sold, the executor will likely want to empty the property quickly and remove any contents before putting it up for sale (which is also their responsibility to manage).

Removing Items After Probate: Top Tips

You can remove items if probate has been granted. If this is the case, follow our top tips.

1 - Review

Reviewing the Will (if there is one) is essential. By removing and distributing items in line with the Will, items within the deceased's estate can be issued to the right people. Checking the Will of your loved one helps avoid any misunderstandings or disputes.

2 - Organise

Create a list of all the items belonging to the deceased. This helps make it easier to see what items could be valuable, who they’ll be given to, and whether they’re to be issued to beneficiaries or given to charities.

3 - Distribute

Once you know where any removed items will go, it’s time to distribute them. Again, making another list during this stage could be helpful, allowing you to keep note of where everything will go.

While there may be a lot of unwanted goods that may be considered rubbish, there could be items you want to keep for yourself, give away, or sell (unless they’ve been left specifically for someone). It’s advisable to note everything you find and what you do with it, as beneficiaries will likely want to know.

4 - Clear

Clear any rubbish from the deceased's properties once all the items you’ve distributed have been dealt with. Typically, a cleaning service is used at this time to help speed up the process, especially if you want to sell any properties that have been left in their Will.

5 - Sell

If you wish to sell a deceased person's property after everything has been removed and all possessions within their estate have been managed, you can do so once the house is cleared, clean, and redecorated. Selling a property comes with its own set of legalities, and it's best to ask your dedicated probate solicitor for assistance when you reach this stage.

Key Takeaways

• The general legal advice is that you should not remove items from a deceased estate before probate in the UK
• It will be the executor who is responsible for clearing or removing items after probate
• Probate solicitors can advise you on what you can and can’t do before being granted probate

Expert Probate Advice While Removing Items

For expert advice and guidance while you manage probate, look no further than Bell Lamb & Joynson. We have a team of experienced and professional probate solicitors who are here to help make the process streamlined and stress-free.

We understand that there’ll be a lot of questions about what you can and can’t do before probate, but rest assured, we will explain everything you need to know.

To speak with a member of our team today to find out more about our Wills & Probate services, please contact us today.