Can you sell a house before probate is granted?

News at Jones Robinson | 15/07/2021

When a property owner dies, what happens to their estate? Usually, their last will provides the answer to this. However, before any property can be passed onto a member of family or friend, it must go through a process called probate.

What is a probate property?

If you are managing or helping to deal with a probate property, this is the process that is mandatory when a homeowner passes away.  The word probate refers to the process the property will go through for the ownership to be passed on to the next person. During this time, as the new property owner you will have meetings with the deceased’s appointed lawyer, and they will describe the whole process to you in as much details as you desire.

However, simply put, probate is there to ensure a deceased person’s will is executed properly and legally. This process includes any contests to the will and will also confirm the legitimacy of those being gifted the estate to make sure they are who they say they are.

Learn more about what a probate property is.

Can you sell a house before probate is granted?

The simple answer to this is yes, you can sell a house before probate is granted.

However, the house sale cannot complete until the probate has been granted if the deceased was sole owner of the property. This means you can put it up for sale, conduct viewings and even accept an offer whilst probate is still going through.

But there are some situations where the house can complete before probate has been granted. If the deceased was not the sole owner of the property, then the other named party still has permission to sell the house. However, this is not advised as this can cause more issues such as paying the inheritance tax and any other fees out of your own pocket rather than through the sale.

How can Jones Robinson help with probate sales?

With over 40 years’ worth of experience behind us, we have a wealth of knowledge and expertise when it comes to supporting you through probate.

House sales can be a stressful time but add in a death of someone you are close to, and we know that stress levels can soar. Therefore, we tailor our house sales process to your situation.

Everything will be at your pace from the viewings to the final sale. You don’t need to rush any decisions and we will give you as much support with the house sale as you need. We can even help recommend house clearance and moving services should you require these.

We are always open and honest about your property sale. Whether this is your first house sale or your 10th we are always happy to go through the full sales process with you.

This will ensure that you know exactly what to expect. We are also always at the end of the phone or email should you have any questions or queries.

As a local estate agent in Newbury, Lambourn & Hungerford, Didcot, Marlborough, Devizes, and surrounding areas we can also support you with recommendations for any local commodities. This includes short term rental accommodation should you need to stay in the area for some time whilst sorting out the house.

To find out more about how we can support you through a probate property sale contact us today.