Selling property during probate 

Selling a property after a loved one has died can be complex and more complicated than a normal house sale. Add to that the emotional stress of dealing with a bereavement, and it can be a difficult time for all. At Bird & Lovibond, we have dedicated property and probate teams. They have the knowledge, experience, and empathetic approach to guide you through the process.

When can you sell the property

Ideally, the first step in selling a property during probate is to obtain a Grant of Probate. This is the official document that gives the executor of the will the legal authority to manage and distribute the estate of the person that has died. The executor must show that they are acting in accordance with the terms of the Will.

You can legally put a property up for sale before you have obtained a Grant of Probate. However, you cannot complete the sale. You can market it, conduct house viewings, and even agree a sale price. Make it clear to all parties that you cannot exchange contracts until probate has been granted.

If you do intend to market the property, there are plenty of things to consider:  

• Obtaining a valuation – it is worth getting three valuations for accuracy of current market value
• Securing the property – ensure windows and doors are locked
• Checking for valuables and ensuring they are secured
• Utilities – make sure there is no running water. Switch off appliances as necessary and decide what to do re heating the property and payment of any bills
• Insurance – ensure that property insurance is in place and valid. You may need to obtain vacant property insurance if the property is left empty for more than 30 days

If you are buyer of a property that is part of a probate estate, then be very mindful of the implications and the timeframe.

Applying for probate and how long does it take?

The probate process can typically take between 6 and 12 months to complete depending on the complexity of the estate. Sometimes a probate can take longer. For example, if there are global assets to be dealt with, or if it is a taxable estate. Or in the event of disagreements between the executor and beneficiaries or with individuals who believe they should be beneficiaries. Recently, we have seen an increase in the number of contested wills. See our recent blog on contested wills for more information.

If the deceased has not made a will, this can prove even more complicated.

Applying for Probate can be a time-consuming and daunting task. Bird & Lovibond’s expert lawyers can guide you through the process. Equally, our residential property department can support you through any house sale.

Using a local firm with both Probate and Property departments is of huge benefit. It offers a streamlined service and the benefit of local knowledge and insight.

For advice and support on selling a property during probate or for any other residential property or wills, tax, and probate matters, contact one of our experienced solicitors.

Amandip Dhaliwal

E: adhaliwal@bird-lovibond.co.uk

T: 01895 256151