Read more articles in: Blog, Elizabeth Jennings, Property

Buying a property with a probate issue: What you need to know

Buying a residential property is already a complex process, but when the seller’s ownership is tied up in probate, additional risks and delays can arise.

If the property you are purchasing is part of a deceased person’s estate, then the legal implications could affect the purchase of the property.

Probate is the legal process by which a deceased person’s estate is administered.

If they owned property, the executor (if there is a Will) or administrator (if there is no Will) must obtain a Grant of Probate or Letters of Administration before they can legally sell the property.

If probate has not yet been granted, the seller does not yet have the legal authority to complete the sale, which could cause delays.

So, what are the legal risks of buying a probate property?

Delays in the probate process

Even if you and the seller agree on a price, the sale cannot be completed until probate is granted.

Probate can take anywhere from a few months to over a year, depending on factors such as:

Whether there is a Will
The complexity of the estate
Any disputes among beneficiaries
Inheritance Tax considerations

If you are in a chain, delays in probate can impact your ability to proceed, causing knock-on effects for your sale or mortgage application.

Uncertainty over legal ownership

Until probate is granted, the legal ownership of the property remains with the deceased’s estate. This means that:

The executor or administrator cannot legally transfer ownership to you.
The beneficiaries could contest the will or challenge the sale.
The property could be subject to claims from creditors if the deceased had outstanding debts.

Our solicitors can check the seller’s authority to sell the property and ensure there are no legal disputes over ownership.

Potential for the sale to fall through

Even if probate is eventually granted, the executor or administrator may change their mind about selling.

Beneficiaries may disagree with the sale, or the property could be withdrawn from the market if it is needed to settle debts.

If you have already spent money on legal fees, searches, and surveys, a failed transaction could be costly.

Legal advice for buyers considering a probate property

If you are interested in purchasing a probate property, here are some key legal steps to take:

Check if probate has been granted – Ask for evidence of the Grant of Probate or Letters of Administration early in the process. If probate is still pending, ask the seller’s solicitor for an estimated timeframe.
Be prepared for delays – If you are in a chain, we can advise you on the potential risks. Some lenders may not be willing to keep a mortgage offer open indefinitely while probate is pending.
Ensure there are no legal claims against the property – We can check for outstanding debts secured against the property that require removal.
Consider a reservation agreement – If the seller is waiting for probate, you may be able to negotiate an agreement that secures your position whilst the Seller awaits the grant or probate.

Our residential property solicitors can provide expert conveyancing advice to help you purchase a property under probate.

Contact us today for further information and legal support.

Elizabeth Jennings

Director - Commercial Property & Charities

I joined Mander Hadley in 2004, qualified as a solicitor in 2006 and have focussed on commercial law throughout. I am also a member of Coventry and Warwickshire First and Warwickshire Law Society.

Latest posts by Elizabeth Jennings (see all)