PROBATE HOUSE SALE: Definitive Guide To Probate House Sale

Probate House Sale

There are several reasons why people choose to sell probate property. It can be to cut costs on maintaining their inherited property. It can also be to overcome the emotional thrust that comes with the loss of dear ones. When it comes to the probate house sale, it is the aftermath of a macabre. What is a probate house sale and how do I get a grant for it? This guide answers the above questions and also entails the probate house sale process UK. It also includes how to get a grant for a probate house sale. This involves a lot of processes however, being knowledgeable about its procedures helps you to handle things differently.

Knowing what you need to do and having a strategy in place will help to reduce the stress that comes with these times in our lives. When we lose someone to the cold hands of death, everything they own is distributed according to the Will if there is one. This includes their home, properties, money, investments, and other assets. You can decide to do this yourself, of course, it comes with an advantage-saving cost or hires the help of a solicitor.

What Is Probate?

Probate is a legal and financial term that refers to the process of dealing with the assets and property of someone who died.

After the death of someone with any form of assets, properties or business, there is a need to take care of things belonging to him, according to his Will if any exist. Before selling, distributing, or transferring these assets, there is a need to get a probate grant on the property. The probate grant specifies that you have the legal right to administer the assets. Also, the executor whose name is on the Will will have to pursue this process.  However, you can also get probate even in the absence of a Will. What’s more, you can decide to do this yourself or seek help from probate solicitors.

Probate In The Absence Of A Will

In the absence of a will, The law decides who is to be responsible for affairs about the deceased. The law also decides who gets to inherit their estates. Mostly, a relative takes care of this. You can seek for the legal right to handle the properties. In this case, a Letter of Administration. This is to prove your legal right to handle the estate.

Who Can Apply For Letter Of Administration?

Though the law decides who gets to execute the dead person’s property, it is mostly left to the person’s relatives.

  • Spouse

You can apply as a probate administrator if you are the deceased spouse.

  • Child

To apply as the deceased child, you have to be above eighteen years old.

  • Civil Partner

A legal civil partner also has the right to apply for a letter of administration. 

What Is a Probate House Sale?

Probate house sales simply mean selling a house with a grant of probate.  The process of getting probate on an estate takes your mind off grief and enables you to rightly take care of the things.

Firstly ascertain whether there is a need for a probate grant or grant of representation in the property. Being knowledgeable about its processes will guide your decisions in the case of probate property.

Whether you are even if you are not currently going through the procedure, it is beneficial to have a rough sense of what to expect.

Probate House Sale Process

Foreknowledge of these processes will not only be beneficial but can also be cost-effective. You can decide to do this yourself or get a solicitor to help you in getting the grant of probate house. The probate house sale process are guidelines that ensure you are within the get probate grant easily. The process of probate house sales is below.

5 Processes To Successful Probate House Sale

The various processes involved in getting a grant of probate on your inherited property include the following

#1. Register The Death

The first step in the probate house sale process is to register the person’s death. You need a death certificate to process your application. You will also need to have a copy of the original will.

#2. Know The Exact Value Of The Property

This involves identifying the exact value of all of the dead person’s assets and liabilities. Yes, liabilities because you will have to clear all outstanding debts too. 

Before applying for a Grant of Probate, you must first determine the worth of the property in question. To get the value of a property, you will have to request the services of estate agents to appraise the property. Then include the average of their estimates in your Probate application.

#3. Examine The Property’s Title And Deeds

No one wants the embarrassment of putting a house up for sale only to face legal actions. Therefore, It is very important to check the title and deed of the property. This will help you know the boundaries or clauses that come with the property. Ask the deceased lawyer for a copy of the paper deeds or access to the online deed registry.

#4. Take Care Of The Inheritance Tax

You cannot receive probate on a property with inheritance tax accruing. You will have to clear the Inheritance tax accruing to the property. 

To do this, you can apply for an Executor’s loan. An executor’s loan helps you bridge the gap between filing for Probate and having access to the dead person’s assets. 

#5. Apply For Grant Of Probate

Finally, going past the above steps, you can proceed with a probate application.

To apply for a grant of probate, you will have to fill the forms and also pay the necessary Probate application fee.

Is Getting A Probate House Sale Grant Really Necessary?

Getting a grant of probate is not determined by the will alone but also on the financial state of the deceased.

If the property is co-own, you may not need to apply for a probate grant as these assets may pass to you automatically. Also, someone with no assets on their name will not require probate as the grant of probate is only to lay claims on properties and assets.

Probate House Sale UK

Selling a probate house can be an intricate process, however, Knowing the ins and outs of probate ahead of time can be beneficial to both buyers and sellers. 

To place a probate house on sale in the UK, you need to do the following.

  • Firstly, understand that selling a house on probate does not happen overnight. It takes between 4-6 weeks. It can sometimes take a longer time frame. In fact, the duration relies solely on the estate complexities.
  • Secondly, you will have to get a grant of probate from the UK Probate Registry. The step by step guides on how to get a grant of probate are above.
  • Thirdly, get estate managers to place the house on sale.

Alternatively, you can place the house on sale even before getting the probate grant in the UK. However, the property will not be sold until the grant is approved.

Grant of Probate House Sales 

To fully exercise right over a dead person’s property, you need the grant of probate. Probate grants are obtained from the Probate Registry.

When it comes to obtaining a grant of probate or letter of administration, there are documents you need to present.

Documents You Need When Applying For Probate.

  • A copy of the original Will. Also include the codicils, if one exists.
  • Certificates of Death
  • The Inheritance Tax Form, this applies whether or not there is  Inheritance Tax is payable to it.
  • Heirs and Beneficiaries Contact Information ( if a will exist)
  • Policies for Life Insurance
  • Deeds of Trust and Vehicle Titles
  • Documents for Business Agreement
  • Estate Value Estimate and other Assets 

Cost Of Getting a Probate Grant

First, decide If you will apply for it yourself or hire the help of a probate solicitor. There are two forms of payment that you need to make when applying for probate. The first is a fixed payment of £215 ( when applying yourself or £155 when applying via a solicitor) and the variable payment. The variable costs are the additional costs that are attached to getting probates. It also includes the Probate solicitor’s fee. Interestingly, when a property is less than £5000, you will not have to pay the probate application fee.

#1. Cost Of A Probate With A Solicitor 

When applying through a solicitor, you will have to pay £155 excluding the probate solicitor’s charges. The solicitor’s charges vary and depend on the solicitor. Some charge about 1 to 5% of the estate value. The cost also depends on whether the solicitor is administering the estate on your behalf or getting the probate grant only. Also, solicitors can charge on an hourly basis for their consultancy.

#2. Cost Of A Probate Without A Solicitor

If you will be applying for a grant without a solicitor, you will lay the sum of £215. Although this has an advantage over using the help of a solicitor, you need to be sure you can pull through the process of doing it yourself.


Selling probate properties may not be particularly easy, getting grants takes a longer period too. Interestingly, knowing how to get a grant on your inherited property will help make selling your probate house easier and faster too.

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