When someone dies, their executors or administrators must administer their estate in accordance with the terms of their Will or the Intestacy Rules if they die before making a Will. If the deceased person’s estate comprises property, a key aspect of this role involves deciding how that property should be handled and ensuring that the estate receives the full benefit of it. Our probate property sales solicitors specialise in helping executors or administrators to navigate the legal and practical complexities of selling a deceased person’s home or other real estate assets.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
How Can Probate Property Sales Solicitors Help?
Our probate property sale solicitors advise clients on how to deal with estate property as part of our wider comprehensive Wills and probate service. We can take over the administration of the estate for you from start to finish if you wish, or we can help with a discreet process or advise on a specific issue.
Just a few examples of our probate property sales solicitors’ role include the following:
• Determining How The Property Was Owned
If the property was owned jointly by the deceased person and their partner, our probate property sales solicitors will begin by ascertaining the legal basis on which ownership was split. We will do that by examining the property’s title deeds.
If the property was held as joint tenants, it will pass to the surviving owner and will not form part of the deceased person’s estate.
If the property was owned by the deceased person and their partner as tenants in common, the deceased person’s share would form part of the assets to be distributed among the beneficiaries once the estate’s debts and liabilities have been cleared.
• Reviewing The Will
Our probate property sales solicitors will review the terms of your loved one’s Will to ascertain whether it contains any instructions detailing what should happen to the property. Your loved one may have wished for the property to be transferred to a named beneficiary, or the property may need to be sold and the proceeds added to the pot to be distributed between the beneficiaries.
• Applying For The Grant Of Probate
Executors cannot sell estate property until they have received the Grant of Probate. The Grant of Probate is the official document that gives executors the right to deal with a deceased person’s assets.
Applying for a Grant of Probate necessitates considerable preparatory work, and the application must be accurate to avoid delays at the Probate Registry. Our probate property sales solicitors will undertake all the relevant preparatory work on your behalf and prepare the application to ensure you receive the Grant as quickly as possible.
While executors cannot exchange contracts and complete the property sale without a Grant of Probate, they can take steps towards selling the property, for example, by putting it on the market. Whether it is a good idea to do so in your case will depend on the circumstances, and our probate property sales solicitors will advise you accordingly.
• Advising Executors On Their Duties With Regard To The Property
Executors must take steps to ensure the property maintains its value pending sale. For example, if the owner’s death means that the property is vacant, the executors may need to arrange insurance cover, secure the property against burglary and vandalism, and make regular visits to the property.
If the executors fail to keep the property safe and well-maintained and it loses value as a result, they may be forced to compensate the beneficiaries from their own pockets. Our probate property sales solicitors will advise you on the extent of your duties in connection with the particular property and explain the measures you should take to fulfil them.
• Arranging For The Property To Be Valued
Executors have a legal duty to act in the best interests of the estate. This includes maximising the estate’s value by achieving the best price for its assets.
It is important to keep a paper trail of the property sale to refer to if any beneficiaries claim that you did not act in the best interest of the estate. Our probate property sales solicitors will arrange for the property to be professionally valued, usually by two estate agents, to ensure a robust valuation. When the property has been sold, we may obtain a certificate from the estate agents who handled the sale, confirming that it was sold for the best possible price. If you sell the property without achieving full market value, the beneficiaries may be able to demand that you make up the shortfall personally.
Contact Us
If you need help with selling a house in probate or any other aspect of Wills and probate law, our probate property sales solicitors are here to help, offering high-quality legal advice in plain English and at highly competitive rates.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
