Can I Sell Jewellery Before Probate? An Expert UK Guide
Dealing with a loved one’s personal possessions after their death can be a challenging aspect of estate administration for executors. One question that frequently arises is whether jewellery can be sold before probate has been granted.
We asked Helen Gowin, Partner in the Private Client Group at SAS Daniels LLP, for her expert insight on this matter. With years of experience guiding executors through the probate process, Helen provides clarity on what personal representatives can do with jewellery and other chattels before receiving the official Grant of Representation.
“Over our lifetimes we collect a range of chattels and when we pass away those personal effects, be it a car, items of jewellery or general furniture, will belong to your personal representative to dispose of in accordance with your Will,” explains Helen. This authority comes with important responsibilities and considerations that every executor should understand.
Legal Position: Can You Sell Jewellery Before Probate?
The straightforward answer is yes, executors can typically sell jewellery before probate is granted, though there are important distinctions and considerations to be aware of.
Helen clarifies the legal position: “A Grant of Probate is the formal document which confirms the authority of the personal representatives to deal with the estate assets. Where there is a Will the authority of the executor is actually established by the Will and confirmed when the Grant has been issued by the Court.”
This distinction is crucial. If you’re named as an executor in a Will, you derive your authority to act from the Will itself, not solely from the Grant of Probate. This means you can technically begin managing certain assets, including selling jewellery, before receiving the official Grant.
However, if there is no Will, the situation differs significantly. As Helen explains: “If there is no Will the personal representatives are known as Administrators and their authority is only established once the Grant of Letters of Administration is issued by the Court.” Administrators should therefore be more cautious about selling assets before receiving formal authority.
Why can jewellery and other chattels often be sold without waiting for probate? Helen points out: “There are certain assets in an estate that can be dealt with without a grant. Chattels often fall into this category. Often this is because evidence of ownership of these assets is not necessarily available and the personal representative does not have to prove to the buyer that they have the authority to sell them.”
Simply put, unlike property or financial accounts where formal proof of ownership is required, jewellery and personal possessions generally don’t require the same level of documented authority for sale.
Important Considerations Before Selling
While you may have the legal authority to sell jewellery before probate, there are several crucial factors to consider before proceeding with any sale.
Check the Will carefully
Helen emphasises the importance of reviewing the Will thoroughly: “A personal representative should… make sure that the assets are not included in the will which should therefore be gifted to particular beneficiaries.” If jewellery items are specifically bequeathed to named individuals, selling them would breach your duties as an executor. As Helen notes, personal effects may need to be “disposed of in accordance with your Will or a letter of wishes if you have left them to be distributed to particular individuals.”
Valuation is essential
“A personal representative should… consider whether the chattels need to be valued before they arrange to sell them,” Helen advises. This is particularly important for two reasons:
Firstly, proper valuation helps demonstrate you’ve fulfilled your duty to secure the best value for the estate. Professional valuations from reputable jewellers or auction houses provide evidence that you’ve acted properly.
Secondly, valuation is crucial for tax purposes. As Helen points out, valuation may be necessary “in case inheritance tax is payable” on the items. Jewellery forms part of the overall estate value for inheritance tax calculations, and HMRC may question undervalued assets.
Tax implications
For estates approaching or exceeding the inheritance tax threshold (currently £325,000 per individual), accurate valuation of all assets including jewellery is critical. Keep in mind that the combined value of seemingly modest jewellery collections can sometimes be substantial.
Keep meticulous records
Document everything relating to the jewellery and its sale:
- Photographs and descriptions of each item
- Professional valuations obtained
- Details of the sale process and final sale price
- How proceeds were handled
This record-keeping protects you from potential disputes with beneficiaries or tax authorities later. Remember that as executor, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries.
When to Wait for Probate
Despite the general ability to sell jewellery before probate, there are situations where waiting for the Grant of Representation is the more prudent approach.
Valuable items requiring documented authority
While Helen notes that chattels often don’t require formal proof of ownership, she cautions that “antiques or items of a high value” may be exceptions. Professional buyers, auction houses or insurers dealing with particularly valuable jewellery may request evidence of your authority to sell, making the Grant of Probate necessary before proceeding.
Specifically bequeathed items
Helen emphasises the importance of checking whether items “are included in the will which should therefore be gifted to particular beneficiaries.” If jewellery is explicitly mentioned in the Will as going to named beneficiaries, selling such items would breach your duties as an executor. In cases of uncertainty about specific bequests versus general instructions, waiting for probate allows time for proper legal interpretation of the Will.
Contested estates
If there are family disagreements about the Will or the administration of the estate, proceed with extreme caution. Selling jewellery before probate in contested situations could escalate tensions and potentially expose you to personal liability. In such circumstances, waiting for the Grant provides stronger legal backing for your actions and may help defuse potential conflicts.
The Bottom Line
Selling jewellery before probate is generally permitted when you’re acting as an executor with authority derived from a valid Will. As Helen has clarified, chattels like jewellery typically fall into the category of assets that can be dealt with without waiting for the formal Grant of Probate.
However, responsible estate administration requires careful consideration before selling. Always check the Will for specific bequests, ensure proper valuation for both fair sale and tax purposes, and maintain detailed records of all transactions. For high-value items, specifically bequeathed pieces, or in contested situations, waiting for probate provides additional legal protection.
Need Expert Help?
If you’re unsure where to begin, our £25 online jewellery valuation is the ideal first step for executors needing quick clarity. You can also explore our full range of jewellery valuation services or contact us directly for guidance.
Our thanks to Helen Gowin, Partner at SAS Daniels LLP, for her expert insight. If you’re dealing with a complex estate or need legal advice around probate, you can reach Helen at 01260 282351.
We’re here to help—whether you’re valuing a single item or managing a full estate.