Selling a property from a deceased estate or trust involves some additional legal steps, particularly around confirming who has the authority to sell and sign the required documents.
Selling a deceased estate
The person authorised to deal with the property will usually be the executor named in the Will or an administrator appointed by the court where there is no valid Will or executor able to act.
Depending on the circumstances, a Grant of Probate or Letters of Administration may be required before the property can be transferred, although the timing and requirements vary between states and territories.
Selling a property held in a trust
If the property is owned by a trust, the sale will generally need to be authorised by the trustee in accordance with the trust deed and applicable law. The trustee may be an individual or a company.
Before listing, it's important to confirm:
- Who is legally authorised to sell the property
- How the property is registered on title
- Whether probate, administration or trust documents are required
- Who needs to sign the Contract of Sale and other documents
- Whether there are any tax or other legal implications associated with the sale
Because these sales can be more complex than a standard property transaction, we recommend speaking with a solicitor or conveyancer before listing to make sure the correct authority and documentation are in place.
If you don't already have a legal representative, No Agent Property can help connect you with a solicitor or conveyancer through our Solicitor & Conveyancer Referral service.
Once the legal authority to sell has been established, No Agent Property can assist with the advertising and marketing of the property in the same way as other private property sales.