Selling a probate property

Selling a probate property

Many of our clients need to sell a property that belonged to a relative who has passed away and they have often found out by chance that they do not have an automatic right to dispose of the property.

When someone dies and leaves behind a property, they may have written a will which appoints Executors to carry out their wishes and in this case the Executor can apply for probate and once it is granted, go through the normal processes for selling a property.

If someone dies and they have not left a will but owned a property at the time of death, their wishes are not clear as to who has the right to sell the property and administer the estate. There are legal processes to follow to appoint an ‘administrator’ who  will deal with the estate.

Probate or letters of administration grants the legal right to deal with someone’s property, money, and possessions (their estate) when they die. This can be a complicated process depending on the estate of the deceased. It is often easier, quicker, and cheaper to appoint a solicitor to help with the application and the management of the estate.

The process of applying for probate and applying for letters of administration both take a similar amount of time, which currently is around 16-20 weeks.

Until probate or letters of administration is granted, the property cannot be sold, as no one has the legal right to sell it, but it is possible once the application has been made to the Probate Registry, to start to market the property, and involve an estate agent. It is a good idea to consider to start to market once the application for probate is made as this helps to reduce the time a property stands empty. There are costs associated with the property, as during the period of time the property stands empty, checks need to be made on it, unoccupied insurance arranged, council tax, utilities to be paid, and the property kept in good condition.

An estate agent will call this type of property a ‘probate property’ but what does this mean for sellers and buyers?

Often a probate property is a good buy. If someone has lived in the property for a long time, it may need to be upgraded but condition is usually reflected in the selling price, and probate properties are usually sold unoccupied and completely empty with no forward chain.

The main issue is the long wait for probate to be granted. It may put off some buyers as an ordinary purchase can be completed in 16-20 weeks or sooner, depending on how the property is being sold. If one waits for probate to be granted which is usually 16-20 weeks and then add on the time that it takes to sell the property, the time becomes off putting to buyers.

A probate seller can decide to wait until probate is granted before selling the property, but usually, there is no problem in starting to market it once the probate application has been made. If the solicitors for the sellers and the buyers and the estate agents clearly communicate with everyone and coordinate the sale and probate successfully, everything usually works out without too much delay.

If you are a buyer and your estate agent shows you a property and describes it as a ‘probate property’ it is sensible for you to check where the sellers are in the probate process and whether they have a solicitor to assist them. If probate was applied for 10 weeks ago, a buyer can calculate that they have possibly  6-10 weeks of the probate process remaining before they can exchange contracts.

A solicitor who specialises in probate will be familiar with  making applications and the legal processes involved and will be able to deal with everything efficiently. Many firms of solicitors offer probate and conveyancing services which also helps to streamline both the probate and sale process. Hannays Solicitors offers both probate and conveyancing services and our team is here to guide and support you through this difficult time.

If you find yourself needing some advice regarding a deceased relative and their estate, especially if there is a property to sell, our team of expert solicitors are able to assist with the probate process and the sale of the property.

If you would like to contact us, please call 0191 4555361 / 0191 4974630 or email us at info@hannayslaw.co.uk.

There is more information about our probate services here and lots of information about conveyancing here.