If you are an executor of a Will or dealing with the assets of someone who died without one, you may need to sell a property as part of the estate administration. When coping with the loss of a loved one, this can feel like one more task on an already daunting list, and the legal and practical steps involved in managing their estate can be overwhelming. At Bowsers Solicitors, we regularly help clients with obtaining the Grant of Probate, administering the estate, and selling a probate property. Our many years of experience, local knowledge, and expertise in these areas of law enable us to provide tailored support. Both our probate and property teams can work together to make the process easier to manage.
In this article, our probate and property team answers some frequently asked questions about selling a probate property and how we can help.
Do I Need Probate to Sell a Property?
It depends on the circumstances. If the property was owned solely by the person who died and isn’t being transferred to a beneficiary, you’ll need a Grant of Probate before selling the property. If there is no Will, you’ll need Letters of Administration instead to sell the property. These documents confirm who has the authority to manage the estate, including any property within it. If the property was jointly owned, how it is handled after death depends on whether there is a surviving owner and on whether the owners were joint tenants or tenants in common:
- Joint tenants – The property will pass automatically to the surviving owner(s) through the right of survivorship, and the deceased’s Will does not apply to that property.
- Tenants in common – Each owner’s share is separate and can be passed on to beneficiaries through their Will. If there is no Will, this is handled according to the rules of intestacy.
When assisting clients with probate and estate administration, we check the title and advise on what is needed, including the next steps for selling the property if required.
What Happens Once Probate Has Been Granted?
If you are selling the property, once probate has been granted, it can be marketed and sold in the usual way. However, there are a few extra things to keep in mind:
- You’ll need to confirm who is legally authorised to deal with the property sale and sign any paperwork.
- The proceeds of the property sale must be handled correctly as part of the estate.
- Any outstanding debts or liabilities may need to be settled using the proceeds from the sale.
- The personal representative must value the entire estate, including the property, to determine if Inheritance Tax (IHT) is due.
The combined support available from both our probate and conveyancing teams ensures that everything is done correctly and in line with your responsibilities as an executor or administrator.
What Do I Need to Do First?
If you’re unsure where to start, don’t worry. Many clients come to us unsure of where to begin or what needs to happen first. Our probate team will help you determine the timeline, explain what documents are needed, and ensure you’re not missing anything important. Our property team will be ready to step in if needed.
It’s okay if you don’t have all the answers; that’s what we’re here for.
Local Support from Local Solicitors in Wisbech and March
We understand that selling a property during probate isn’t just another conveyancing transaction; it’s part of a much bigger and more emotional legal process. Our teams know that this will be a stressful time for you and your family. That is why we offer joined-up support from both departments, guiding you through every stage of the process.
- Our probate solicitors can help with the entire process, including:
- Applying for the Grant of Probate or Letters of Administration.
- Advising on estate administration and inheritance tax.
- Helping you understand your duties and timelines.
- Working with the property team to ensure all legal documentation is in place to enable the sale of the property.
- Our conveyancing team can help with all matters concerning the sale of a probate property, including:
- Helping you handle the property sale from instruction to completion.
- Advising on any necessary insurance for a vacant property.
- Advising on any title issues or delays.
- Ensuring the net proceeds of the sale are transferred to the probate team to be incorporated into the overall estate accounts and distributed to beneficiaries.
Find out more about the stages of the process involved in estate administration and selling a property, including fee information, by clicking on the links below:
At Bowsers Solicitors, we have a well-established team of local probate and conveyancing solicitors who have supported clients across March, Wisbech and the broader community for generations.
As we’re based locally, we’re easily accessible and always happy to talk things through. We have the knowledge, experience, and resources to assist clients with various estate administration and property matters in the local community and throughout the UK.
Useful Resources:
Below, you can find links to some of our other articles and resources for related information and guidance:
- The Bowsers Guide to Probate
- How a Solicitor Can Help with Common Mistakes in Probate
- Step-by-Step Guide of What to do When Someone Dies
- How to Contest a Will in the UK
- Steps Involved in Probate
Probate Solicitors Near Me
We understand that being tasked with distributing an estate following a loved one’s death is highly emotional. Therefore, seeking the appropriate advice and guidance is essential.
If you are looking for legal advice on probate or other aspects of estate administration, including the sale of a property, please contact our experienced solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk.
Alternatively, you can fill in our contact form.
This article is for general guidance only and is not intended as legal or professional advice and information may have changed since this article was published.
