Selling a Probate Property: A Guide for Executors

Acting as an Executor can feel daunting, especially if there is a property which needs to be sold as part of the estate administration process. If you have been appointed as an Executor and you are unsure where to begin, here are some key things to consider.

Grant of Probate or Letters of Administration

A property can be put on the market before probate has been granted but, generally speaking, a sale cannot complete until the Grant has been issued. This is because the Grant evidences your authority to act as Executor of the estate and party to the sale.

If you are considering marketing the property before you have obtained probate, we advise letting the agent / prospective purchasers know that this application is ongoing in order to manage expectations at an early stage.  

How can I prepare for the sale?

Whilst you are waiting for the Grant, or for a buyer, there a number of things that you can be doing in order to prepare for a smooth sale.

·  You can begin to clear the property. Consider whether there are any items that you might wish to sell to a buyer with the property, such as large items of furniture.

·  Try to find details of any works which may have been carried out to the property, such as extensions or other structural alterations. If you are able to locate the relevant documentation, you are likely to minimise enquiries raised by the buyer’s solicitor. Your solicitor can guide you through this if you are unsure, or if you are unable to find documentation.

·  Obtain the following documents:

The original Will
A Death Certificate
Mortgage account details for the property (if applicable)
The title deeds to the property (if applicable/ if unregistered)

·  You will also need to ensure that there is a valid Energy Performance Certificate before the property is sold – ask your solicitor to help you with this if you are unsure.

·  You may wish to maintain the property and garden to increase marketability, however, be cautious about costs and consider what is likely to be in the best interests of the estate overall.

·  Be sure to update the buildings insurance to reflect the fact that the property may be unoccupied, and comply with any insurance requirements (such as visiting the property every so often to check it is secure).

·  The buyers may request that the boiler and/or the electrics are tested prior to the sale. Whilst you may wish to do so, this is not strictly necessary and can wait until the conveyancing process is underway. Some buyers will take a pragmatic approach on the understanding that they are buying from an Executor.  

How can a solicitor help?

·  A solicitor can help you to determine whether or not the property has been registered with HM Land Registry and will talk you through the differences in the process if the property has not been registered. If the property has been in the family for many years, there is a chance that registration may not yet have taken place.

We can also pre-emptively submit an application to register the property on your behalf whilst you await an offer or Probate, to mitigate the potential delays of dealing with original Deeds during the conveyancing process.

·  Dealing with the mortgage or any historic charges against the property.

·  Managing the relationship between Executors. Where there are multiple Executors appointed for an estate, we understand that emotions may be running high and Executors may have differing opinions as to how to deal with the sale. Your solicitor should help you to navigate this by acting as a neutral party in the sale.

·  Taking the pressure and administrative load off of your shoulders. Your solicitor will explain to the buyer’s solicitor the extent of your personal knowledge of the property and take on correspondence with all parties so that you can focus on yourself and your loved ones.  

Here at Leathes Prior, we understand that not every property transaction will be accompanied by feelings of excitement, or anticipation of a new chapter. We are here to support you through every step with clear, pragmatic advice.

For support with a probate sale, contact our Residential Property Team via info@leathesprior.co.uk or call 01603 610911.