Selling a probate house – property expert answers the questions she’s asked the most.

A leading expert has shared a new guide on how to “navigate a myriad of challenges” that come with selling an estate property post-probate.

Property expert Eve Cooke, Managing Director of Montrose Brown Law, said selling a probate house remains one of the most complex processes people can ever face.

But she said following a few simple steps can help improve the chances of a successful outcome.

“Selling property post-probate can be very challenging and, if and when the day comes you have to do it, you are likely to have to navigate a myriad of challenges.

“One mis-step and you could end up facing delays and bottlenecks in what can already be a stressful and emotional process.”

Here, Ms Cooke answers the questions clients ask her most often.

Do you have to sell a house after someone dies?

No, and that’s one of the first things I explain to clients. Beneficiaries named in the will can transfer the property into their own names instead of selling it. Once that happens, they can choose to live in it, rent it out, or sell it later. Inheritance tax may still apply regardless of that decision.

What is probate, in simple terms?

Probate is the legal authority to deal with a deceased person’s property, money and possessions. Where a will exists, it names an executor who administers the estate and distributes it once debts and tax have been settled.

Can a probate property be sold before probate is granted?

In most cases, no. A Grant of Probate is required before a sale can go through, since this is the document that proves to banks, building societies and the Land Registry that someone has the legal right to deal with the estate. The main exception is joint ownership, where a surviving spouse or partner can sell in some circumstances, without waiting for probate.

Can the property be marketed while probate is pending?

Yes. Estate agents can list a probate property before the grant comes through, but the marketing must disclose that the sale is contingent on probate being granted. Some buyers will be cautious about this, since delays with obtaining probate will impact exchange and completion dates.

What if there is no will?

Where someone dies intestate, a Grant of Letters of Administration is needed instead of probate. Only spouses, civil partners, children and other close relatives can inherit under the intestacy rules.

Should you get legal advice before selling?

Yes, and it’s the piece of advice I give most often. Probate sales carry legal complexities that don’t arise in a standard transaction, from proving the grant of probate to handling disputes between beneficiaries or gaps in a property’s paperwork. Instructing a solicitor who specialises in this area early on can prevent delays further down the line. At Montrose Brown Law, we support executors and beneficiaries through exactly this kind of sale.

Where do the sale proceeds go after the sale?

The proceeds from the sale of the property belong to the estate of the deceased, not the executors personally, even where they are also beneficiaries. Where executors appoint a solicitor to deal with the administration of the estate, the sale proceeds will be sent to those solicitors to collect in all assets and distribute these in accordance with the will. However, where they do not have a solicitor appointed, executors will need to open a specific executors account specific for this purpose. As these are specialist accounts, it can take some time to open them so this should be actioned at an early stage.

What should buyers watch for with a probate purchase?

A probate sale is typically chain-free, which appeals to many buyers, but delays before probate is granted, gaps in the executor’s knowledge of the property, and missing paperwork can all slow things down. A full house survey is strongly recommended.