Probate property sales are a common feature of the housing market, but they can feel unfamiliar, particularly when they arise during an already difficult time. Whether you are an executor responsible for administering an estate, a beneficiary with an interest in the property or a buyer considering a probate purchase, understanding the process can make a significant difference. 

From obtaining a Grant of Probate to working through the conveyancing process, there are additional legal steps involved that can affect timescales and the information available to all parties. Knowing what to expect at each stage helps to avoid unnecessary delays and ensures the transaction progresses as smoothly as possible.

Probate and sale of property

When a property is sold following a death, the process is known as a probate sale. These transactions can feel different from a standard property sale and often involve additional legal steps.

Probate is the legal process of dealing with a person’s estate after they have died. Whether a Grant of Probate is required depends on how the property was owned.

If the property was owned solely by the deceased, or as tenants in common with another person, a Grant of Probate is usually required before the sale can proceed. This document confirms that the executor has authority to deal with the property and administer the estate.

However, if the property was owned as joint tenants, ownership will usually pass automatically to the surviving owner. In those circumstances, a Grant of Probate is generally not required to deal with the property.

Stages of a probate property sale

One of the most common misconceptions is that a property cannot be marketed until probate has been granted. In many situations, this is not the case.

The property can usually be placed on the market, viewings can take place and an offer can be accepted before the Grant of Probate has been issued. This can help reduce delays once probate is obtained.

However, where a Grant of Probate is required, contracts cannot be exchanged until it has been obtained, as the executor must have legal authority to sell the property. 

Key differences

One of the key differences in probate sales is timing. The property cannot usually be sold until probate has been granted, which can take several weeks or months depending on the complexity of the estate. This can affect when marketing begins and when a sale can be agreed.

Obtaining a Grant of Probate is often relatively straightforward, but some estates can be more complex. For example, there may be multiple beneficiaries, overseas assets, disputes regarding the estate, or questions about the validity or interpretation of a will. These factors can sometimes extend the probate process and affect the timescales for a property sale.

What does this mean for the property sale

Once probate is in place, the sale process is broadly similar to a standard transaction. However, the seller is usually the executor of the estate rather than the person who lived in the property. This can sometimes mean that there is less direct knowledge of the property's day-to-day condition or history.

For buyers, this may result in additional enquiries being raised during the conveyancing process to clarify information about the property. It is not uncommon for executors to rely heavily on documentation rather than personal knowledge when responding.

Probate sales can also take slightly longer to progress, particularly if there are multiple beneficiaries involved or if decisions need to be agreed between family members.

From a legal perspective, it is important to ensure that the Grant of Probate is in place and that the executor has authority to sell. This will need to be verified as part of the conveyancing process to ensure that the transaction is properly documented.

Professional advice

While probate transactions can feel more complex, they are a common part of the property market. With the right guidance, they can proceed smoothly and efficiently.

If you are involved in the sale or purchase of a probate property or require assistance with obtaining a Grant of Probate and administering an estate, our Residential Property Department and Private Client Department can work together to support you throughout the process. Early legal advice can help you understand the steps involved and avoid unnecessary delays.

To get in touch, please email enquiries@pardoes.co.uk or call 0800 862 0442. 
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