Do You Need Probate To Sell A House?

Do you need probate to sell a house in the UK?

If you are dealing with someone’s estate after their death, you may be wondering, ‘Do you need probate to sell a house?’ While probate is not always necessary to administer an estate, if a property needs to be sold, then probate is essential.

At Lockings Solicitors, we deal with both obtaining Grants of Probate and conveyancing, meaning we offer a full estate administration service, where required.

We understand that this is likely to be a difficult time and our team are sensitive to this and will be sympathetic in their approach. We prioritise client care and you will find us to be friendly and easy to contact. We will talk through the process with you, without using legal jargon, and we are always happy to answer questions.

Estate administration can be complex and time-consuming. Our lawyers always work proactively to move a transaction along efficiently and without avoidable delay.

If you would like to instruct one of our expert probate conveyancing solicitors in Hull, Beverley or York or you have any questions you need answered, ring us for a FREE initial chat on 01482 300 200, email us at welcome@lockings.co.uk or complete a Free Online Enquiry and one of our team will call you back promptly.

Our probate house sale services

We provide a full range of services for those dealing with the administration of an estate and/or the sale of a property, to include the following:

• Assessing whether Inheritance Tax is payable and, if it is, advising of the amount due
• Applying for a Grant of Probate; or
• Applying for a Grant of Letters of Administration if the deceased did not leave a Will
• Preparing a contract for sale of the property
• Sending the contract and contract package to the buyer’s solicitors
• Responding to enquiries before contract
• Dealing with exchange of contracts
• Completing the purchase, to include discharging any mortgage where necessary
• Estate administration

We have a secure online conveyancing portal. If you prefer, we are also happy to deal with you by way of letter or email. In any event, we are easy to contact by telephone and we will always keep you updated.

Our team are highly knowledgeable conveyancers with many years of experience. This means that if difficulties should arise, we have the understanding to manage them effectively and find solutions. We aim to complete transactions as soon as possible and we always work proactively to this end.

Our service is competitive and we will provide you with an estimate of the costs at the outset for both estate work, such as securing a Grant of Probate, and for costs of probate conveyancing. For more information, download our free guide to conveyancing fees.

Can you sell a house without probate?

You will need a Grant of Probate or Grant of Letters of Administration to be able to complete the sale of a probate house and it takes some time for the Probate Registry to process an application. In the meantime, it is open to you to go ahead and put the property on the market.

The conveyancing process also takes time, so it is generally the case that by the time your buyer is ready to exchange contracts, the Grant of Probate will have been received.

If you do want to market the property for sale straightway however, it is important to make sure that the application for a grant is in hand and that no errors are made in the application process that could delay matters. If time is of the essence, it is recommended that you seek professional help in applying for the grant.

Obtaining a Grant of Probate to sell a property

The first step in securing a Grant of Probate is to value the estate. This will determine whether or not Inheritance Tax is payable. You will need to value all of the deceased’s assets, including property, savings, investments and valuable items such as cars, jewellery, furniture and art. Any money owed by the deceased can be deducted when filling in the Inheritance Tax forms, to include mortgage debt, money owed on a credit card and unpaid bills.

You will also need to take into account money that was given away by the deceased in the seven years before they died, as Inheritance Tax may be payable on this on a sliding scale, if the amount gifted is over a certain amount.

Once you have figures available, the Inheritance Tax forms need to be completed and sent to HM Revenue & Customs along with a cheque for the amount due, if any. You will then be provided with a receipt and once this is received, application for a Grant of Probate can be made.

You will need to fill in the form and send it to the Probate Registry together with the deceased’s original Will and payment of the application fee. If the deceased did not leave a Will, then you will need to apply in a similar way for a Grant of Letters of Administration.

When should I instruct a solicitor to sell a probate property?

If you have a probate property to sell, you can instruct a solicitor straightaway. If you ask us to represent you, we can start work on opening a file and verifying your identity, as we are required to do by law. We will also let you have the initial forms for completion, to include a property information form and fixtures and fittings form.

We will obtain the title deeds so that we are ready to issue the contract package as soon as you find a buyer. This will allow them to start work without delay, to include using the property plan we will supply to request searches and raising any enquiries they have.

How long does it take to sell a probate property?

The length of time taken to complete probate property conveyancing usually depends on the rest of the chain. Provided that the application for a Grant of Probate or Grant of Letters of Administration has been made and the sale is straightforward, it will usually be up to other parties as to how soon completion can take place, as they are likely to need to obtain surveys and mortgage offers.

If difficulties arise in your sale, our team have the experience to be able to deal with problems quickly and efficiently. Your estate agent will also be able to keep the transaction moving by staying in touch with your buyers and finding out the situation with the rest of the chain.

Contact our probate conveyancing solicitors in East Yorkshire

At Lockings Solicitors, we represent clients in securing a Grant of Probate or Letters of Administration and dealing with the sale of someone’s home after their death as well as completing the estate administration where required.

If you would like to talk to us about obtaining probate and selling a property, please call us for a FREE initial chat on 01482 300 200, email us at welcome@lockings.co.uk or complete a Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and deal with probate sales in East Yorkshire and beyond.