It is not unusual for the executors of a will to have to sell the property of the deceased. While the conveyancing process should not differ from any other residential sale, it does need to be co-ordinated with the probate process.
As an executor wanting to sell a property, you need to find out if you need probate first, which will depend on who owned the property and how it was owned. If you do, you’ll have to submit a tax return confirming how much inheritance tax will be payable on the estate before you can get the grant of probate and sell the property.
Where a probate application is fairly straightforward, you may be able to market the property at the same time, although the sale cannot complete until probate is granted. Where there is no will and you are acting as the administrator to an estate, you cannot do anything until you have received the letters of administration.
Unless you have been an executor or administrator before, it would be easy to get this process wrong. Our property solicitors work closely with our probate team to guide you through the process and ensure it runs as smoothly as possible.
We can also provide tax advice and prepare deeds of transfer for any gifts of property to be made under a will. We will always agree a price for our services with you in advance, so you can be confident you know what to expect.
