Probate Sales & Purchases
Our accredited Probate Property Solicitors in Runcorn & Cheshire are specialised in these unique transaction. With Rowlinsons Solicitors, you can be sure to receive legal advice that is right for you and your loved ones at every step.
Probate Property Sales Experts
Fixed Fees Available
Multiple Law Society Accreditations
Regional & National Award Winners
Law Society Lexcel Quality Scheme Accredited
Probate Property Sales are unique, and present their own set of legal challenges.
Selling or purchasing a property through probate can be an emotional and legally complex process. At Rowlinsons Solicitors, we understand that dealing with a loved one’s estate brings enough challenges, and dealing with the legal process of property sales and purchases shouldn’t be one of them.
Our award-winning team of conveyancing and probate solicitors is here to help you manage probate property transactions efficiently, lawfully, and with compassion. Whether you’re an executor needing to sell a property on behalf of an estate or a buyer interested in purchasing a probate property, we provide clear advice and take care of the legal details so you can move forward with confidence.
A probate property sale refers to the sale of a property that was owned by someone who has died. The legal right to sell the property must usually be granted by the Probate Registry in the form of a Grant of Probate (if there is a Will) or Letters of Administration (if there isn’t). The property sale is typically carried out by the executor or administrator of the estate.
A probate property purchase occurs when you are buying a property being sold by an estate. These sales can take longer than standard transactions and come with additional legal considerations such as limited title guarantees and possible delays due to the probate process.
It’s important to seek expert legal advice, as these transactions can differ significantly from standard residential conveyancing.
Probate property sales and purchases often involve more parties and legal oversight than standard property transactions. This may include:
Each party plays a crucial role, and a breakdown at any stage can delay the process. That’s why it’s essential to work with solicitors experienced in both estate administration and conveyancing.
At Rowlinsons, we make sure the entire process is as smooth and stress-free as possible. Here's what you can expect:
1. Estate Preparation and Asset Valuation
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.
2. Inheritance Tax and Reporting
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.
3. Applying for the Grant of Probate or Letters of Administration
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.
4. Marketing and Selling the Property
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.
5. Legal Checks and Title Matters
As the seller’s solicitor, we will:
As the buyer’s solicitor, we’ll conduct searches, review the contract carefully, and raise enquiries to ensure a secure purchase.
6. Exchange of Contracts and Completion
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.
7. Post-Completion Steps
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.
Probate property transactions can throw up unexpected complications. These may include:
At Rowlinsons, we’re used to managing these complexities. By acting early, communicating clearly, and liaising with all parties on your behalf, we minimise risks and keep your transaction on track.
The probate conveyancing process typically takes longer than a standard sale or purchase. Here’s a general guide:
We offer clear, competitive pricing and will always provide a cost estimate before you commit. Wherever possible, we offer fixed fees for both probate and conveyancing services to give you peace of mind. Costs may include:
Probate Sales & Purchases FAQ
Can I sell the property before probate is granted?
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.
Can I buy or sell a probate property if there’s no Will?
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.
Can a property be sold with tenants in it?
Yes, but this adds complexity. We can advise on tenancy agreements and help manage the transition.
What if beneficiaries disagree about selling the property?
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.
What is a limited title guarantee?
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.
Will buyers be put off by a probate sale?
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.
At Rowlinsons Solicitors, we provide a seamless and supportive service that combines decades of experience in both conveyancing and wills & probate law. We take care of everything from applying for probate to registering the final property transaction giving you a single point of contact and complete peace of mind.
We are:
Most importantly, we understand that this is more than just a property transaction. We’re here to help you navigate a difficult time with empathy, efficiency, and expert advice.
Whether you're selling a property as part of an estate or managing the purchase of a new home through probate, our experienced team is here to make the process as smooth and stress-free as possible.
At Rowlinsons Solicitors, our Residential Conveyancing Solicitors provide clear, practical advice, fixed fee options, and a compassionate, personal service during what can often be a difficult time. We work with clients across England and Wales and understand the sensitivities involved when property is being dealt with after a loved one’s death.
Speak to us today for a no-obligation quote or request a call back at a time that suits you. We’ll guide you through the legal process, help you understand your responsibilities, and ensure everything is handled correctly and efficiently.
We offer meeting facilities at our offices in Frodsham and Runcorn (Sutton Weaver), and assist clients locally in Warrington, Widnes, St Helens, Chester, Northwich, Wrexham, or remotely via phone or email.
With Rowlinsons, you’ll have an award-winning, expert team by your side, helping you manage probate-related property matters with confidence, care, and professionalism.
For a free, no obligation quote please call 0800 470 2574 or click here for an instant online quote.
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