Probate Sales and Purchases Solicitors

Before any property transaction, the estate must be fully identified and valued. This usually involves arranging professional valuations of the property to establish its market value and to assist with inheritance tax planning and the probate application.

Where the estate exceeds the inheritance tax threshold, HMRC must be notified and any tax due settled or arrangements made to pay it. This is a necessary step before a Grant of Probate can usually be issued.

The executor or administrator applies to the Probate Registry for the official grant that confirms their legal authority to manage and dispose of the deceased’s estate. Without this grant (or, in intestacy cases, Letters of Administration), contracts cannot be exchanged.

Once probate is underway or obtained, the property can be marketed. It’s important to make prospective buyers aware that the sale is subject to probate, as this can affect timings and expectations.

Our solicitors carry out detailed checks on the property title, address any issues such as unregistered land or missing deeds, and prepare the legal paperwork for the sale or purchase. For buyers, searches are conducted and enquiries raised to ensure the title is secure and the transaction is legally sound.

Once an offer is agreed and the Grant of Probate is in place, contracts can be formally exchanged. After exchange, a completion date is set and, on completion, the ownership transfers and funds are released. The Land Registry is updated to reflect the new owner.

After the sale completes, the net proceeds from the property are distributed to beneficiaries in accordance with the will or intestacy rules, and all necessary registrations and paperwork are finalised.

Each of these steps has its own legal requirements and timelines, and delays can occur, particularly at the grant stage or where tax issues arise. Our probate conveyancing team provides hands‑on guidance, clear communication, and expert legal oversight to help the process progress as smoothly as possible.

Yes, you can begin marketing a probate property before the Grant of Probate is issued, but you cannot legally complete the sale until the grant has been obtained. As the executor or administrator, you may instruct estate agents, arrange valuations, and even accept an offer on the property. However, the legal transfer of ownership cannot take place until you have the authority to act, which is confirmed by the Grant of Probate (or Letters of Administration, if there is no will).

We always recommend that you speak to a solicitor early in the process to avoid unnecessary delays and ensure the transaction proceeds smoothly once the grant is issued.

The timeframe can vary, but as a general guide, obtaining a Grant of Probate usually takes between 8 to 12 weeks from the date of application, provided there are no complications such as missing paperwork, disputes, or delays from HMRC. Once probate is granted, the property sale can proceed in the usual way, with completion often taking a further 6 to 12 weeks, depending on the buyer’s circumstances and any issues arising during conveyancing.

In total, the entire process, from applying for probate to completing the sale, can typically take between 3 to 6 months. However, every estate is different, and more complex matters may take longer. Our solicitors will keep you fully informed throughout and work to progress matters as quickly as possible.

To sell a probate property, you will typically need the following key documents:

• Grant of Probate (or Letters of Administration if there is no will): This is essential for proving your legal authority to sell the property.
• Death Certificate: To confirm the passing of the legal owner.
• Official Copy of the Title Register and Plan: This proves ownership and outlines the property boundaries.
• Property Information Forms (TA6 and TA10): Although limited in probate sales, some standard forms are still required for conveyancing purposes.
• Energy Performance Certificate (EPC): Legally required before marketing the property.

If the deceased owned the property with someone else, or if there are any complications with the title, additional documentation may be needed. Our solicitors will guide you through exactly what’s required and prepare all necessary paperwork to keep the process running smoothly.

Yes, selling a probate property at auction is entirely possible and, in some cases, advisable. It can be an effective option when a quick sale is required or if the property is likely to attract interest from developers or investors, for example, if it’s in need of renovation or has unique features.

As with any sale, the executor or administrator must have the legal authority to sell the property, which usually means a Grant of Probate or Letters of Administration must be in place before completion can take place. However, the property can still be marketed and entered into an auction while the grant is pending.

Selling at auction requires careful legal preparation. The auction pack must include all relevant documents, such as the title deeds, official searches, probate paperwork, and any special conditions of sale. Our solicitors are experienced in preparing auction sales and will ensure everything is in order to protect the estate and meet legal obligations.

If the total value of the deceased’s estate exceeds the current inheritance tax threshold (known as the nil-rate band), inheritance tax (IHT) may be payable. The proceeds from the sale of a probate property can be used to pay any IHT due on the estate.

A professional valuation of the property is required as part of the probate application and this figure is used to calculate any IHT liability. If the property sells for more than the probate value, there could be additional tax considerations such as Capital Gains Tax, particularly if the sale is delayed or if the beneficiary has retained the property and later sells it.

Our probate solicitors work closely with executors and tax advisers to ensure the correct reporting to HMRC, compliance with all deadlines, and efficient use of exemptions or reliefs where available.

When purchasing a probate property, it’s important to carry out thorough legal and practical checks to ensure there are no unexpected issues. Your solicitor will handle most of these on your behalf, but the key areas to be aware of include:

• Verification of the seller’s legal authority: The seller must have a Grant of Probate (or Letters of Administration) before they can legally complete the sale. We confirm that this is in place and valid.
• Title checks: We review the title register to confirm ownership, identify any restrictions, charges, or easements, and ensure the property has a clean title.
• Property condition: Probate properties are often sold as seen, and sellers may have limited knowledge of the property’s history. It is strongly recommended to arrange a full structural survey to identify any hidden defects.
• Searches and enquiries: We carry out standard conveyancing searches and raise appropriate enquiries with the seller’s solicitors, although answers may be limited where the seller has never lived at the property.

Buying a probate property can be a worthwhile investment, but expert legal advice is essential to ensure your interests are protected throughout the process. Our team will handle all necessary checks and guide you every step of the way.

Yes, it is possible to get a mortgage on a probate property, but lenders will often require confirmation that probate has been granted before they will allow the loan to proceed to completion. While you may be able to apply for a mortgage and receive an agreement in principle before probate is issued, the funds cannot be released, and the transaction cannot complete until the seller has legal authority to sell the property.

Because of this, some lenders may be cautious about delays and may place time limits on their mortgage offers. It’s important to factor in the potential for a longer transaction timeframe and work with a solicitor who understands the probate process.

At Clifford Johnston, we liaise closely with mortgage providers and the seller’s solicitors to help manage expectations, reduce delays, and ensure the purchase proceeds smoothly once probate is granted.

Disputes among beneficiaries are not uncommon, particularly where there are differing views about whether a property should be sold, who should live in it, or how the proceeds should be divided. Such disagreements can delay the sale of a probate property and, in more serious cases, lead to legal proceedings.

The executor or administrator has a legal duty to act in the best interests of the estate as a whole, not individual beneficiaries. If disagreements cannot be resolved informally, legal advice may be required to clarify the executor’s powers or to apply to the court for directions. In some cases, a dispute may escalate into a formal claim under the Inheritance (Provision for Family and Dependants) Act 1975 or a challenge to the validity of the will.

Our solicitors are experienced in resolving estate disputes sensitively and efficiently. We aim to protect the integrity of the estate while helping families avoid unnecessary conflict and delay.