Probate Property Sale

Selling probate property

After someone dies, a Grant of Probate or Grant of Letters of Administration is needed to sell their property. Securing the Grant can take time, but it is open to you to start marketing the property before the application for the grant is made. Selling probate property can differ slightly from selling your own home and there are certain steps that you will need to go through to ensure a smooth transaction.

At Lockings Solicitors, we deal with probate property sales for clients across East Yorkshire and beyond. We can request the Grant of Probate from the Probate Registry on your behalf and deal with the conveyancing once a buyer is found.

We know what a difficult time it will be for you and you will find us sympathetic and understanding. If you ask us to represent you, we will make sure that you have our support throughout and that we keep you updated as to the progress of your sale and, where necessary, the application for probate.

If you would like to instruct one of our probate conveyancing solicitors in Hull, Beverley or York, please feel free to 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 we will call you back promptly.

Our probate property sale services

We offer a full range of services in respect of probate conveyancing, applications for grants and estate administration to include the following:

• Calculating Inheritance Tax
• Applying for a Grant of Probate; or
• Applying for a Grant of Letters of Administration if there is no Will
• Drafting a contract for sale of probate property
• Sending the contract package to the buyer’s solicitors
• Responding to enquiries received from the buyer’s solicitor
• Liaising with you as to exchange of contract
• Exchanging contracts and preparing for completion
• Receiving completion monies and sending the title deeds to the buyer’s solicitor
• Estate administration

We always take the initiative when dealing with estate administration and probate property sales to ensure that delays are avoided wherever possible.

Our team have a high level of experience in dealing with both conveyancing and the winding up of estates, meaning we are able to deal efficiently with any issues or difficulties that may arise.

We will make sure you know how much the likely costs will be and you will be provided with a breakdown of all expenses before we start work. For more information, please feel free to call us or download our free guide to conveyancing fees.

We have a secure online portal for our conveyancing clients to use which will allow you to see exactly how far your transaction has progressed. You can deal with matters by letter and email if you prefer, but many of our clients like the convenience of using the portal. Alternatively, you are always welcome to pop into our local offices in Beverley, Hull and York to complete forms or sign documentation.

Obtaining a Grant of Probate to sell a property

A Grant is always required when someone dies leaving a property to be sold. If they left a Will, an application is made for a Grant of Probate. If they did not make a Will, then the application is for a Grant of Letters of Administration. These are the legal documents that give authority to the estate’s executors or administrators to deal with the finalisation of the deceased’s affairs, to include selling their home.

Before the application for a Grant of Probate or Letters of Administration can be made, it is necessary to value the estate and calculate and pay Inheritance Tax. Once this has been done, an application for the Grant is sent to the Probate Registry. The whole process can take several months, so if you wish to sell the property fairly quickly, you are advised to start dealing with the paperwork as soon as you are able.

If you would like a solicitor to deal with the application process for you, one of our team would be happy to help. For more information, see our Probate Services.

Legal fees for winding up an estate and selling a property can be claimed as expenses from the estate fund.

Marketing probate property for sale

You can put a probate property on the market before you receive the Grant of Probate, although you will not be able to complete until the Grant has been received.

As well as starting the process of applying for probate, you can also instruct a solicitor early on to avoid delays later. If you would like us to deal with the probate sale, we can carry out the preliminary work such as verifying your identity, opening a file and letting you have the initial forms for completion.

You should make sure that the property is both secure and insured until completion takes place.

Completing a probate sale of property

Once a buyer has been found, we will send the initial contract papers to their solicitor. This will include a copy of the title, copies of documents referred to in the title and property information forms.

The process of dealing with enquiries may be slightly different when selling a probate property, as you will not necessarily have direct knowledge of the property. We can work with you to provide the information available and answer the buyer’s enquiries as far as possible, but on some points, they may have to rely on their own investigations. This is normal practice when dealing with a probate sale, as it is understood that some information simply might not be available.

Once the seller has everything they need, such as survey results, search results and a mortgage offer and the Grant of Probate or Letters of Administration has been received, contracts can be exchanged.

The date of completion is set at this point. The estate executor or administrator will need to ensure that they are able to clear the property fully by completion day.

On completion, they should notify the local authority as well as all of the utility companies.

Contact our probate property sale solicitors in East Yorkshire

At Lockings Solicitors, our team deal with both probate and conveyancing, meaning we can offer a full service if you are dealing with the estate of a loved one.

If you would like to speak to one of our team about a probate property sale, ring us on for a FREE initial chat 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. We have offices in Hull, Beverley and York.