Probate Sales & Purchases

The executor or administrator must identify and value all estate assets, including the property. Accurate valuation is crucial, particularly for Inheritance Tax (IHT) planning purposes. This often involves obtaining professional valuations from estate agents or surveyors.

If the estate exceeds the IHT threshold, a detailed return may be required. Any tax due must be paid, usually in part, before the Grant of Probate is issued. This can sometimes delay the transaction, especially if funds are tied up in the property.

This legal document gives the executor or administrator the authority to sell the property. The application process can take several months, especially if there are delays at the Probate Registry or issues with the Will.

It is possible to market the property before probate is granted, but contracts can’t be exchanged until the Grant is received.

Once valuation is complete and probate is underway or granted, the property can be listed for sale. It’s important to be transparent with buyers that the sale is subject to probate. Our team ensures that this is clearly reflected in the contract.

As the seller’s solicitor, we will:

• Review the title and resolve any issues (e.g. unregistered land or missing deeds)
• Provide a Limited Title Guarantee, which is common in probate sales where the executor often doesn’t have full knowledge of the property
• Address any historic planning or boundary matters

As the buyer’s solicitor, we’ll conduct searches, review the contract carefully, and raise enquiries to ensure a secure purchase.

Contracts are exchanged only once the Grant is in place. The sale or purchase then proceeds to completion, with funds transferred and ownership registered with HM Land Registry.

A Deed of Assent may be required to formally transfer the property from the deceased’s name into the name of the personal representative, before the sale.

After completion, the net proceeds are distributed to the estate beneficiaries, and the Land Registry is updated. If Rowlinsons is also administering the estate, this process is fully coordinated in-house to save you time and unnecessary hassle.

Yes, you can market the property and even accept offers. However, you cannot legally exchange contracts or complete the sale until the Grant of Probate is received.

If no valid Will exists, the estate is administered under the rules of intestacy. Instead of a Grant of Probate, you’ll need Letters of Administration. We can handle this for you

Yes, but this adds complexity. We can advise on tenancy agreements and help manage the transition.

Executors have the legal authority to sell the property if it’s in the estate. If there are disputes, we can advise on resolving them and refer you to our estate litigation specialists where needed.

This is often given in probate sales, as the executor may not have full knowledge of the property. Buyers are protected, but fewer guarantees are provided compared to standard sales.

Most buyers understand the process, especially if guided properly. We help manage expectations, keep all parties informed, and structure the deal to protect your interests.