Probate Conveyancing: Selling a property after a Death

Selling a property following the loss of a loved one can be overwhelming. At Anthony Gold Solicitors, we regularly assist families, executors and administrators with the legal process of selling a deceased person’s property, commonly known as probate conveyancing.

This guide explains what probate conveyancing involves and what you will usually need to sell a property as part of an estate.

What Is Probate Conveyancing?

Probate conveyancing is the legal process of selling a property owned by someone who has passed away. Before a sale can usually proceed, the law requires confirmation of who has authority to deal with the estate.

This authority is provided by a Grant of Probate (where there is a will) or Letters of Administration (where there is no will). These documents are often referred to together as a Grant of Representation.

Who Can Sell a Deceased Person’s Property?

A property can only be sold by:

• The executors named in the will, or
• The administrators appointed where there is no will

Our conveyancing solicitors at Anthony Gold will also check how the property was owned, as different rules apply to jointly owned property.

What You Will Need to Sell the Property

To complete a probate sale, you will usually need:

• The Grant of Probate or Letters of Administration
• A copy of the will (if there is one)
• An official death certificate
• Property title information

Property Information and Protocol Forms

Personal representatives often did not live at the property and may have little or no first‑hand knowledge of it. For this reason, executors and administrators are not usually required to complete the standard property protocol forms (such as the TA6 and TA10) that would normally be completed by an owner‑occupier.  Executors or administrators will wish to be careful that any information they provide about the property is accurate and resist attempts to provide information that only an owner occupier might be expected to have.

Instead, your solicitor will advise on what limited information can reasonably be provided and will ensure appropriate protections are included for both the estate and the buyer.

How Long Does Probate Conveyancing Take?

Probate sales often take longer than standard conveyancing transactions. Much depends on how quickly probate is granted and how straightforward the property is. Once probate has been obtained, the legal sale process typically follows the same steps as any other property transaction.

How Anthony Gold Solicitors Can Help

Our experienced residential property team works closely with our private client specialists to ensure probate sales are handled sensitively and efficiently. We aim to:

• Minimise delays
• Provide clear, practical advice
• Reduce stress at a difficult time

Probate Conveyancing FAQs

Can a property be sold before probate is granted?
You can usually market a property before probate is granted, but contracts are not normally exchanged until the Grant of Probate or Letters of Administration has been issued.

Do executors have to complete the usual property forms?
Not necessarily. Executors and administrators often have no first‑hand knowledge of the property and may not need to complete the usual protocol forms. Your solicitor will advise on the correct approach.

What if there is more than one executor?
All executors with authority must usually be involved in the sale and sign the legal documents.

What happens if there is no will?
An administrator must be appointed and obtain Letters of Administration before the property can be sold.

Does an empty property cause issues?
Empty properties may require suitable insurance and basic maintenance, but this does not usually prevent a sale.