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Selling a home after someone has passed away can be one of the most complex parts of dealing with their estate.
Beyond the emotional strain, probate property sales bring a range of legal and financial hurdles, from waiting for the Grant of Probate to managing tax obligations and inheritance rules.
These issues can complicate a sale at a time when you may be struggling to come to terms with your loss.
Nevertheless, probate property sales require the care and patience of both executors and the beneficiaries involved.
What probate means for property
Probate is the legal process that gives an executor, in the case of Will being present, or administrator, in the case of intestacy, the authority to deal with someone’s estate, including the deceased’s property, money and possessions.
When a property forms part of the estate, it usually cannot be sold until probate has been granted.
The Grant of Probate confirms who has the legal right to manage the sale, pay any debts and distribute inheritance to those entitled.
If the deceased person co-owned the property, the process can differ depending on whether ownership was as joint tenants or tenants in common.
A surviving co-owner may be able to sell without probate under some circumstances, although professional legal advice is recommended.
Can a property be marketed before probate is granted?
A probate property can be marketed for sale before the Grant of Probate is issued, but the sale cannot complete until the process is finalised.
Potential buyers must be told that the transaction is subject to probate, as delays can occur and often last for several months, which may delay completion and affect wider property chains.
During this time, executors can begin preparing the property by arranging valuations, confirming insurance cover and locating important paperwork, such as deeds, utility bills and warranties.
Common difficulties when selling a probate property
A probate sale is not like an ordinary property sale. Executors are legally required to sell at market value to meet their responsibilities to the estate. Selling for less could lead to disputes or even legal action from beneficiaries.
Inheritance Tax (IHT) is another key consideration and one that is increasingly common as property values increase, while the IHT thresholds remain frozen until 2030.
Where it is due, IHT must be paid within six months of death, even if the property has not yet sold. You may have the option to pay the IHT in instalments until the property is sold, but once the sale completes any outstanding IHT must be settled with HMRC. This can put pressure on families who may not have immediate access to funds if they have instalments to pay and the instalment option incurs interest from HMRC.
Some choose to take out a short-term probate bridging loan to cover the payment and avoid interest charges from HMRC, but it is best to seek independent guidance from a private client expert.
Here is the typical process for selling a property under probate:
How long will it take to complete a probate property sale?
There is no defined timeline for a probate property sale. In the past, probate applications were processed within a few weeks. Now, even straightforward cases can take around 16 weeks or longer.
That is why executors or administrators should apply as soon as possible to avoid further delay.
As for how long the sale will take, this can depend on a number of factors, just like any other property that is marketed.
There is no fixed deadline for distributing an estate, but executors are generally expected to do so within what is known as the executor’s year, which is the 12 months from the date of death.
Delays are acceptable if there are valid reasons, such as waiting for the property sale to complete.
Getting help with a probate property sale
Selling a probate property can be emotionally difficult, especially when multiple beneficiaries are involved.
Once probate has been granted, however, these properties often appeal to buyers because they are chain-free and available for a straightforward transaction.
If disagreements arise or you are unsure of your responsibilities, obtaining legal advice can help ensure the process runs smoothly and in line with your duties as executor.
If you require help with the property sale, including managing the conveyancing of the property, we are here to help. Offering a full suite of services, we can help you to manage the entire process from beginning to end.
For tailored guidance on selling a probate property or administering, speak to our experienced property solicitors.
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.
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