If you've been left a property in someone's will, it can be a difficult and emotional time. Most people want to move things forward quickly, whether for personal reasons or to avoid ongoing maintenance costs, but selling a property in probate involves a few extra steps that are worth understanding from the outset.
This guide covers everything you need to know about the process.
What is probate?
Probate is the legal process of administering a deceased person's estate (their property, money and possessions) after they have died. If the person left a will, it will name an executor who is responsible for distributing the estate once any debts and taxes have been settled. The executor must apply for a Grant of Probate before they can legally deal with or sell any property.
Can I sell before probate is granted?
The short answer is no, not to completion. Unless your name is already on the deed (if you are the spouse of the deceased, for example), you will need to wait for the Grant of Probate before you can exchange contracts and complete a sale.
That said, many executors choose to put the property on the market while waiting for probate to come through. You can accept an offer during this time, but buyers will need to be aware that completion cannot happen until the Grant has been issued.
How long does the Grant of Probate take?
Timescales vary depending on whether inheritance tax is owed on the estate.
Circumstances | Typical timescale |
Non-taxable estate (no inheritance tax due) | Around 6 weeks |
Taxable estate (inheritance tax is due) | Around 12 weeks |
Urgent situations (e.g. for court proceedings) | As little as 2 weeks |
What documents will I need?
Your solicitor will need a number of documents to work out the value of the estate and apply for the Grant of Probate. Some may be in the deceased's files; others will need to be requested from the relevant organisations. These include:
- Original will
- Death certificate
- National Insurance number of the deceased
- Your ID (passport or driving licence)
- Utility bills and details of any outstanding debts
- Bank and building society statements
- Credit card statements
- Property deeds
- Mortgage information
- Details of any shares and savings
- Details of any pensions received or due
- Funeral expenses
Do probate properties sell well?
It depends on the property, but probate sales attract genuine buyer interest, often because they tend to be competitively priced and offer renovation potential. There is no inherent reason a probate property should sell for less than market value, and executors have a legal obligation to achieve fair market value.
Do I need the same solicitor for probate and the sale?
No. You are under no obligation to use the same solicitor for the conveyancing as you used for probate. Many people choose a specialist conveyancing solicitor to handle the sale itself, separate from whoever dealt with the estate administration.
Does it cost more to sell a probate property?
The legal costs of selling a probate property are generally the same as for any standard sale. The conveyancing process follows the same steps once the Grant of Probate has been obtained.
What extra costs should I be aware of?
There are a few additional costs worth factoring in beyond the sale itself:
- House clearance: if you're not handling it yourself, professional clearance costs vary depending on the size of the property and how much needs to go.
- Vacant property insurance: if the property is unoccupied for more than 30 days, standard buildings insurance may not cover it. You will need specific vacant property cover.
- Maintenance: ongoing heating and upkeep costs, particularly over winter, can add up while the property is on the market.
- Valuations: to ensure inheritance tax is calculated correctly, it is worth commissioning at least three independent valuations of the property.
Should I renovate before selling?
Probate properties are often in need of some updating, particularly if the previous owner had lived there for many years without making changes. In most cases, unless the property needs serious structural work, it makes more financial sense to price it accordingly and sell as-is rather than invest in renovation. The cost of works can easily exceed any uplift in sale price.
What if the sale price differs from the probate valuation?
If the property sells for significantly more than the figure declared on the inheritance tax return, you may be asked to explain the difference. Having at least three independent valuations on record, or evidence of improvements made to the property, should be sufficient.
If the property sells for considerably less than it was valued, and it sells within four years of the date of death, you may be able to apply for a tax rebate if inheritance tax was paid on the estate.
How Homeward Legal can help
Selling a probate property involves more moving parts than a standard sale, and having the right conveyancing solicitor makes a real difference. Our nationwide panel of solicitors has experience in probate sales and will handle the legal work sensitively and efficiently, keeping things moving so you don't have to.
We offer fixed legal fees, so what you're quoted is what you pay, and our no completion, no fee guarantee means that if the sale doesn't reach completion, you won't owe us a penny.
Call our friendly team on to get your quote, or use our quick online quote generator.
Frequently asked questions
Can I sell a probate property before probate is granted?
No, not to completion. You can market the property and accept an offer before probate is granted, but you cannot exchange contracts or complete a sale until the Grant of Probate has been issued. If your name is already on the deed (for example, if you are the spouse of the deceased) probate may not be required.
How long does it take to get the Grant of Probate?
For a non-taxable estate where no inheritance tax is due, the Grant of Probate typically takes around 6 weeks. Where inheritance tax is owed, this extends to around 12 weeks. In urgent circumstances, such as for court proceedings, it can be issued in as little as 2 weeks.
Does it cost more to sell a probate property?
The legal conveyancing costs for selling a probate property are generally the same as for a standard property sale. However, there may be additional costs to consider such as vacant property insurance, house clearance, ongoing maintenance and property valuations for inheritance tax purposes.
Do I need to use the same solicitor for probate and the property sale?
No. You are not obliged to use the same solicitor for the conveyancing as you used to handle probate. Many people choose a specialist conveyancing solicitor to manage the property sale separately.
What happens if the sale price is different to the probate valuation?
If the property sells for significantly more than the value declared on the inheritance tax return, you may need to provide evidence to explain the difference. Having at least three independent valuations on record is advisable. If the property sells for considerably less within four years of the date of death, you may be able to claim a tax rebate if inheritance tax was paid.
Should I renovate a probate property before selling?
In most cases, unless the property requires significant structural work, it is more cost-effective to price the property to reflect its condition rather than invest in renovation. The cost of works often exceeds any increase in sale price.