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Selling a House After Probate is Granted

Anyone who’s experienced the death of a parent, will understand why this is such a difficult time. Aside from the grief of losing someone so close, there is a lot to organise and manage – with months or even years until everything is finalised in some cases.

For many people, the death of a parent will mean inheriting property – perhaps your childhood home. As well as dealing with matters such as wills, probate and inheritance tax, you’ll be faced with the emotional tasks – of clearing a house, agreeing among siblings whether to sell, and possibly parting with a well-loved property.

While nothing can quite prepare you for coping in this situation, understanding the process regarding property when someone dies can help. We outline the key questions you need to ask before selling a house after the death of a parent.

selling a house after probate

What is probate?

When someone dies, the legal process of handing their estate is called probate. The first step is to identify the original copy of a valid will, and usually an executor is named. Occasionally, there is no will – in this scenario, the person’s closest surviving relations can apply. The executor then distributes the deceased’s assets, including property, according to the will.

Getting Probate Granted

Obtaining a legal right to handle an estate – the deceased’s property, money and possessions – is called ‘applying for probate’. You can apply for probate yourself using the gov.uk website, or you can appoint a solicitor. The process is simple but a solicitor can take on the bureaucracy and handle potential friction between family members.

Buying and selling at the same time?

Here are 10 things that could go wrong, and often do go wrong, and what, if anything, you can do to avoid them.

Buying and selling at the same time?

Here are 10 things that could go wrong, and often do go wrong, and what, if anything, you can do to avoid them.

To apply for probate, you will need to present a death certificate and will, probate application form, inheritance tax form, and have the property valued, whether or not you have decided to sell. It is recommended you get three estate agent valuations. Putting your house on the market and accepting an offer is permitted at any time, but you can only exchange contracts after receiving grant of probate. You will need a patient buyer if you accept an offer before this point. It can take between 6 and 8 weeks for probate to be granted, but this can extend to 6 months if there are complications.

Key Facts to Consider

Before making the decision to sell your inherited property, consider all the financial factors and practicalities. Any remaining mortgage balance and outstanding bills must be paid off, title deeds checked for restrictions, and maintenance kept up. If there are multiple beneficiaries, you will need their agreement at various points, and you must follow the rules of the Administration of Estates Act 1925 as well as standard property sales laws. Keep flawless records of all documents and transactions, and obtain advice from a tax and probate specialist, solicitor and estate agent.

Want to feel prepared before you sell? Find out how to sell a house when splitting up and our tips for selling your house.

Is there any tax to pay?

Depending on the value of the property, and your parent’s other assets, there may be inheritance tax to pay. The 40% inheritance tax rate is due on estates worth more than £325,000, falling to £500,000 if left to the deceased person’s children or grandchildren. IHT is only due on the portion above the threshold, and a bereaved spouse or civil partner will have no inheritance tax due.

Your parent’s estate refers to all their assets including savings, death benefits, jewellery, furniture and cars, in addition to the property. Read more about inheritance tax on the gov.uk website.

If, after inheriting the property, you decide to sell it at a later date, you may have to pay capital gains tax on the increase in value of the home while you owned it.

What about home insurance?

You must let the insurance company know that your parent has died and that you are the new owner of the property, or that it is going through probate. Most insurance policies have clauses about leaving the property unoccupied for a certain amount of time – often 30 days. This is due to the greater risk of accidental damage to an unoccupied property, for example, through burst pipes, theft or vandalism. So, you may need to change your policy or take out a new one.

selling an inherited house

What are the costs involved in selling an inherited house?

If you decide to sell your inherited house, there are costs to consider on top of inheritance tax and capital gains tax.

The cost of applying for probate yourself on the government website is currently £300. If going through a solicitor, their fees depend on the level of work and how complex it is.

You’ll need to consider estate agent and conveyancing fees too when you come to sell. And you’ll be liable for council tax, and utility bills as well as insurance cover while the property is empty.

How should I get the property ready for sale?

You’ll need to clear the home of all your parent’s belongings before you can complete on the sale – a difficult task which is rarely quick, so allow plenty of time. You may decide to use a house clearance company for all or part of the job – or do it yourself. Organise smaller belongings into boxes – to keep, to throw away, to donate or sell. Don’t take on this job alone though – ask family and friends to help.

What about repairs and refurbishment?

Some simple upkeep can make all the difference to the property’s presentation, though you may want to do some renovations before you sell. How much you do will depend on how dated the property looks, how much budget you have and the market conditions in your area. If sales are slow, you may need to modernise the property to attract any buyers – your estate agent will be happy to advise. As a minimum, it may be worth removing old carpets and dated fittings and repainting in a neutral shade, as well as tidying up the garden and exterior. Clean the house and windows thoroughly, or consider engaging a professional.

Want to feel prepared before you sell? Explore the process of selling a house and selling a help-to-buy property.

Find out more

If you are thinking of selling a property after probate in Tower Hamlets, Chadwell Heath or the surrounding areas, talk to us. We’d be happy to offer you a valuation along with advice about your next steps.

Azeem S.

I began as a junior apprentice in a corporate estate agents in 2006 have been working in the property sector since, so over 14 years of experience. I have worked in a range of industries from Property sales and lettings, to construction, development, commercial sales and lets as well as facilities management and maintenance. I have a degree in Economics, enjoy keeping fit and healthy, support Man Utd and have a young family.

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