Can You Sell a House Before Probate?

Selling a home can be stressful in itself, but when it comes to selling a probate home, the process can take a little longer. One common question that we get asked is: can you sell a house before probate is granted? In most cases, the answer is no. Until probate is granted, the deceased’s estate (including the property) is legally frozen, and the executor or administrator does not have the authority to sell. Here in our blog post, we cut through the jargon and outline the process of selling a probate home.

The first and most important step when it comes to selling a probate home is for the executor or administrator to gain legal authority over the estate. This is simply achieved through granting of probate if there is a will, or letters of administration if there is no will. 

Essentially, probate is the legal confirmation that gives the executor the power to manage and distribute the deceased’s assets, including their property. Until this authority is given, the executor cannot sell the house or make any major decisions regarding the estate. Attempting to sell without probate is not only illegal, but it can result in personal liability for the executor and potential disputes amongst beneficiaries.

Once probate has been given, the next step is to determine the value of the property. Often, executors will engage with professional surveyors or valuers to provide an accurate market valuation. This is crucial for several reasons: it helps establish a realistic selling price, ensures that inheritance tax and other estate obligations can be calculated correctly, and provides transparency to the beneficiaries. A clear valuation also allows the executor to decide whether the property should be sold as it is, or if minor repairs or improvements would help maximise its market value.

Selling a probate home involves the same conveyancing process as a standard property sale, but with additional legal considerations. The executor must act in the best interests of the estate and ensure that all beneficiaries are treated fairly. It is common to work closely with estate agents and solicitors to advertise the property, handle offers, and manage the legal checks and contracts. We, as solicitors, play a crucial role in probate sales by ensuring that the transfer of ownership is carried out correctly and in compliance with probate laws, which protects the executor from personal liability and ensures that the estate is properly administered.

Completing the Sale

Once a buyer is found and the conveyancing process is completed, the proceeds from the sale are used to settle any outstanding debts, taxes, and administrative costs associated with the estate. Only after these obligations have been fulfilled can the remaining funds be distributed to the beneficiaries in accordance with the will or intestacy rules. The executor’s role is to ensure that this distribution is carried out transparently and fairly, maintaining accurate records and providing reassurance to the family that the estate has been handled correctly.

Here at Broadbents, we understand that selling a probate house can be a difficult process, which is why we’re here to help. If you’d like to find out more about our probate services, such as applying for probate, letters of administration or advice on the legal responsibilities, please don’t hesitate to get in touch with us today on Alfreton: 01773 832 511 or Heanor: 01773 769 891. We also have an online form that you can complete, and we’ll be in contact with you as soon as possible.