How to sell a house during probate? Understanding the legalities

Navigating the complexities of probate law in the UK can be a daunting task, especially when it involves selling a property. The probate process is designed to ensure the lawful and fair distribution of a deceased person’s estate, including real estate. For many executors and beneficiaries, the question of whether and how to sell a property during this time is paramount.

This guide aims to shed light on the legalities surrounding the sale of a house during probate, offering clear steps and considerations for those involved.

The probate process explained.

Before delving into the specifics of selling a house, it’s important to understand what probate entails.

Probate is the legal process through which the estate of a deceased person is managed and distributed. This involves validating their will, assessing the estate’s value, settling debts, and distributing the remaining assets to the rightful beneficiaries.

A common question arises: Can you sell a house before probate is granted?

The short answer is “NO”. The property of the deceased cannot legally be sold until probate is granted.

This is because the executor or administrator of the estate needs to have legal authority to dispose of the assets, including real estate. However, it’s possible to start the preparation work for the sale so that once probate is granted, the property can be put on the market without delay.

Steps to sell a house during probate.

Selling a property during probate involves several key steps that must be followed to ensure compliance with UK law.

Obtaining probate valuation.

The first step in selling a house during probate is to obtain a valuation of the property.

This valuation is crucial for two reasons: it forms the basis for any inheritance tax that may be due, and it provides a guide price for the sale of the property. It’s advisable to get a professional valuation from a chartered surveyor or an estate agent experienced in probate sales.

Applying for probate.

With the property valuation in hand, the next step is to apply for probate. This involves submitting the appropriate forms to the Probate Registry, along with the will (if one exists) and the death certificate. The process can take several weeks, or even months, depending on the complexity of the estate.

Marketing the property.

Once probate is granted, the executor can formally put the house on the market.

It’s important to choose an estate agent with experience in handling probate sales, as they can offer valuable advice and support through the process.

Completing the sale.

Upon accepting an offer, the legal process of transferring property ownership begins.

This typically involves solicitors who will handle the conveyancing process, ensuring that all legal and financial requirements are met. The proceeds from the sale will then form part of the estate to be distributed according to the will or the rules of intestacy if there is no will.

Wrapping up the sale.

Selling a house during probate in the UK is a process bound by legal requirements and steps that must be meticulously followed. From obtaining a probate valuation to applying for probate, and finally completing the sale, each stage requires careful consideration and planning. Executors and administrators must ensure they act in the best interests of the estate, adhering to the wishes of the deceased and the law.

With the right guidance and support, the sale of property during probate can be conducted smoothly, paving the way for the rightful distribution of the estate’s assets.