Conveyancing + Probate: Our guide to selling a house when someone dies

It is always a difficult time when you experience the loss of a loved one. At Thatcher + Hallam we understand the extra stress it brings of knowing what to do with their house. If you find yourself in this situation, here is a guide on where to start and how we can help you.

Step 1 – Is there a Will?

Firstly, you should establish whether the deceased had a Will. In the Will it will state who the deceased would want to deal with the management of their estate. These people are referred to as Executors. Executors are responsible for valuing all assets, paying off debts or any tax that is due, and distributing the estate in accordance with the Will.

The property may have been left to someone in particular or may form part of the overall assets. The beneficiaries may want the property transferred into their names which we can certainly assist with. However, they may wish for it to be sold, and again we can assist with this.

Even if the deceased did not have a Will but owned a property, this will still need to be transferred or sold but as different procedure would be followed. Letters of Administration is obtained rather than a Grant of Probate.

Step 2 – Is the property registered?

If the property is not registered at H M Land Registry, which may be the case if the deceased bought it a long time ago, then the original Title Deeds will be needed and these will need to be tracked down.

Step 3 – Will a Grant of Probate or Letters of Administration be needed?

If the deceased owned the property jointly with someone else who has not passed away then a Grant of Probate or Letters of Administration may not be required.

If the deceased owned the property in their sole name or is the last remaining legal owner to pass away, then a Grant of Probate or Letters of Administration will be needed before the property is able to be sold. This gives an Executor or an Administer the legal right to manage an estate and sell a property. This can be applied for by yourself, or with the help of a solicitor.

Step 4 – Starting the conveyancing process

Once a Grant has been obtained (if required), this document will be part of the contract pack that your Conveyancer will send to the buyer’s solicitors. From here, the conveyancing process will run like any other property sale. However, once the property is sold, the proceeds will need to be distributed according to the Will of the deceased or under Inheritance rules.

How we can help with selling a Probate Property

The process of dealing with a Grant application as well as managing a deceased’s estate can be an incredibly stressful and emotional time. Many have found that having the help of a solicitor can help alleviate some of that stress and help ensure the entire process runs as smoothly as possible.

At Thatcher + Hallam our Conveyancing team works extremely closely alongside the Private Client department ensuring a smooth and cohesive process takes place from start to finish.

For any further enquiries or advice please do not hesitate to contact us for free initial advice. If you have any questions regarding the probate process, why not come along to our Free Legal Advice Surgery, every Thursday between 5pm – 6pm.