When a loved one passes away, grief and emotion naturally take priority, yet there also comes the responsibility of managing their affairs. One of the more difficult tasks can be the sale of a property. At Althorp & Co, we understand how sensitive this time can be and we’re here to guide you through every step with care, clarity and professionalism.
Probate is the legal process of handling a person’s assets, such as property, possessions, and finances after their passing. The rules can seem complex, but with the right guidance, the process becomes more manageable. Executors or administrators may need to obtain a Grant of Probate before the property can be legally sold.
When Probate Is Required
Whether probate is required depends on how the property was owned. If the deceased owned it solely or as tenants in common, probate will be necessary to legally transfer or sell the home. In cases where the property is held within a family trust, a Grant of Probate or Letters of Administration may also be needed before the executors can proceed.
If the property was owned as joint tenants, ownership automatically passes to the surviving co-owner under the right of survivorship, meaning probate is not required for that transfer—although other parts of the estate may still need it.
Understanding the difference between a Grant of Probate and Letters of Administration can ease confusion. A Grant of Probate applies when there is a valid will naming executors. Letters of Administration are granted when no will exists, or no executor is appointed, allowing an administrator to manage the estate. Both provide the legal authority to sell the property.
Initial Steps for Executors
Selling a property is rarely simple and during probate, there are specific steps to follow. The first is to obtain a professional valuation, as this will assist with inheritance tax calculations. Even if the property has not been sold, HMRC requires inheritance tax to be paid within six months of death. Timely valuations and sound advice can help ease financial pressure.
It’s best to begin the probate application as early as possible. Completing inheritance tax forms and payments promptly can reduce waiting times. During this period, executors must also maintain the property to preserve its value.
Marketing the Property
The sale of a property can begin before probate is officially granted. You can appoint an estate agent and even accept offers from buyers; however, contracts cannot be exchanged or the sale completed until probate has been approved. Buyers should be informed of this from the outset to ensure transparency and understanding.
It’s also important to ensure the property remains protected. If unoccupied, specialist insurance may be required, as standard household policies often lapse when a property is empty. Council tax rules also vary by local authority, though probate properties are often exempt for up to six months following the grant.
Executor Responsibilities and Legal Considerations
Executors have a duty to act in the best interests of the estate and all beneficiaries. The property must be sold at fair market value, with honesty and transparency throughout. Undervaluing a property could raise disputes or legal challenges later.
Once offers are received, negotiations can proceed but contracts cannot be exchanged until probate is granted. After completion, the sale proceeds must be used to settle debts and taxes before being distributed to beneficiaries according to the will.
If the property increases in value between the date of death and the eventual sale, Capital Gains Tax may be payable and inheritance tax figures may also need adjusting to reflect the final sale price.
Typical Timeline and Delays
The probate process typically takes around 12–14 weeks, though some cases may take longer. Delays can occur due to incomplete paperwork, inheritance tax queries or disagreements among beneficiaries.
Executors can help prevent delays by arranging valuations early and submitting inheritance tax information promptly. At Althorp & Co, we guide clients through the entire process of selling the property, reducing the risk of setbacks while ensuring every stage is handled with sensitivity and precision.
Alternative Sale Routes
For some estates, a faster sale is preferred. Selling at auction can be a good option if the property requires renovation, has unique features, or if funds are needed quickly to meet tax obligations. While auctions can complete in as little as 28 days, sale prices are typically lower than through traditional estate agency marketing. Our team can help you assess both options and determine which route best suits your circumstances.
Key Steps for a Successful Probate Sale
- Confirm property ownership (sole, tenants in common, or joint tenants).
- Obtain a professional valuation for probate and inheritance tax purposes.
- Pay inheritance tax within HMRC deadlines to avoid penalties.
- Submit probate applications promptly to reduce waiting times.
- Maintain insurance, utilities, and council tax responsibilities for the property.
- Market the property transparently, informing buyers of the probate process.
- Complete the sale legally after the Grant of Probate is received.
- Consider auction if a quicker sale is required.
- Keep beneficiaries informed throughout the process.
- Seek professional guidance to ensure compliance and peace of mind.
Our Approach
At Althorp & Co, we recognise that selling a probate property is not just a transaction, it’s a deeply personal process. We combine professional expertise with empathy, guiding you through each stage with respect, clarity and understanding. Our aim is to ease the burden, protect your best interests and achieve the best possible outcome for you and your family.
Presentation and Preparation
We understand that preparing a home for sale after a bereavement requires both sensitivity and skill. Our team can assist with every aspect, from clearing and organising the property to professionally styling and presenting it for market. Thoughtful staging and high-quality presentation can transform first impressions and help secure the best price, all handled with discretion and care. At Althorp & Co, we take the time to ensure each property is shown in its best light, honouring its story while creating the right setting for its next chapter.
