Sale of mother's house before probate granted

Hello

I'd be grateful for some advice.

My mother died a little more than a year ago leaving a house. The house is in my mother's name and also in my name as trustee for my father's half share (my father died 17 years ago). The house has been left in our parents' respective wills to myself, my sister and my brother. 

Can you tell me, is it is possible to sell the house, using my position as a trustee, before probate is granted (we have applied but don't know when it will come through)? My brother believes it is possible. I am unsure and wanted to check.

I'd be grateful for any assistance you can provide.

Thank you,
Angus French

Hello Angus - it's all a Q of how you are registered. We don't generally register someone as a 'trustee' so I assume you are registered as a joint owner with your Mother after she transferred it to you and her after Dad's death
If that's the case and you are both named as registered owners then you don't need probate as the property doesn't form part of her estate. The legal ownership passes to you to deal with and that can include a sale.
The only issue you may need to consider/deal with is if there's a form A/joint ownership restriction on the register. If so and you are selling then PG 21 section 6 offers guidance on how to deal with the form A restriction - Practice guide 21: using our forms for complex and more unusual transactions - GOV.UK