Do you need a Grant of Probate to sell a property?

A Grant of Probate is a Court Order which allows an Executor to deal with the property of someone who has passed away. If someone dies without a Will, the order is called Letters of Administration (and the person with the authority is called an Administrator). We will refer to both as Grant of Probate below.

When do I need a Grant of Probate for a Property?

When someone dies, if they owned a property alone or with someone else as Tenants in Common, an Executor/Administrator will need to obtain a Grant of Probate, so they have authority to sell the property. LCF can assist you with this. When someone owns a property, that person’s share of the property passes by their Will, or if there is no Will, by the intestacy rules.

If a property is owned as Joint Tenants, Probate is not required as the property automatically passes to the surviving owner(s) (this is known as the ‘rule of survivorship’). The Land Registry will require sight of the Death Certificate.

How do I obtain Probate?

1. Locate the Will if there is one.
2. Contact a solicitor for initial advice as to the administration of the estate if you are unsure.
3. If you are one of the named executors, complete an Inheritance Tax Return to calculate whether inheritance tax needs to be paid. The information that is needed to complete this depends on the value of the estate.
4. The Executor(s)/Administrator(s) need to complete a Legal Statement which confirms the value of the estate and details in the Will.
5. If there is any Inheritance Tax due from the estate, this needs to be paid.
6. There are lots of details which are required to apply for Probate, which can be found in our leaflet, LCF Law-A Guide For Executors - email ku.oc1714658333.fcl@1714658333seiri1714658333uqne1714658333 to request a copy

An Executor/Administrator should also ensure that the property remains insured and if it is empty, inform the insurers that the property is unoccupied.

What can we do to help?

The Personal Law Team advises on all aspects of the full range of personal law issues for individuals and families. Whether that be; preparing Powers of Attorney, assisting with a Deputyship Application, drafting Trust documents, drafting Wills, inheritance tax planning or assisting with Probate.

If you have any queries or would like any advice, please contact Neil Shaw on 01274 386 992 or email ku.oc1714658333.fcl@1714658333wahs.1714658333lien1714658333 for more information.

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