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Probate Property: What Is It and What Do I Need to Know and Do?

While you may have heard the term probate before and have a rough idea of what it means, many of us remain unaware of its intricacies until it’s too late. Understanding probate in advance can be beneficial for both buyers and sellers, so we've decided to address the subject. Hopefully, reading this article will provide insight into what you might expect if you ever become involved in dealing with probate property.

What Exactly Is Probate?

Probate is the term for the legal process under which a deceased person’s estate is managed. Many estates include property, usually the recently deceased person’s home, hence the term ‘probate property’. While the probate process involves much more than property, this article will focus on that aspect.

Selling a Probate Property

Selling a probate property can be challenging for those involved. Knowing what to do and having a plan can greatly reduce the stress associated with such times. Therefore, it is worth having a rough idea of the process, even if you are not currently going through it.

The first step is to determine whether you need a Grant of Probate (also referred to as Grant of Representation) to sell the property. Surviving spouses or partners often do not need a Grant of Probate if the property was jointly owned. Checking the title deeds at the Land Registry will guide you on the necessary documentation and your next steps.

If a Grant of Probate is required, it is vital to start the process as soon as possible. This document gives the authorised person the authority to sell the property and sign any necessary paperwork. Delays in obtaining the Grant of Probate can slow down conveyancing, so prioritising this task is essential. Generally, the more complex the estate, the longer it will take to obtain the Grant of Probate, potentially anywhere between six to twelve weeks.



Once the Grant of Probate is obtained, the property sale process can begin. Selling a probate property may involve various forms and bureaucratic steps, which can be handled by the seller or the executor of the Will, depending on the estate and property circumstances.

Contrary to popular belief, the actual selling process can be relatively straightforward. Sellers are advised to present the property well for a quicker sale, such as by auctioning off unwanted furniture and tidying up the garden.

Although inheriting a property can be seen as a windfall, empty properties can quickly become liabilities. Deciding whether to sell or rent the property promptly is often wise. Note that if a property remains vacant for over 30 days, you may need to take out vacant property insurance.

Selling a probate property is part of a legal process, so professional help is strongly recommended. Emotions can run high during this difficult time, and a reputable solicitor can be invaluable.

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