What is Probate?

Probate is the legal and financial process of administering the estate of someone who has passed away. This includes dealing with their assets, such as money, property and personal possessions.

The process involves confirming that a valid Will exists (where applicable) and establishing who has the legal authority to administer the estate, including whether the property can be sold.

What is a Grant of Probate?

If you are selling a property you have inherited following the death of a loved one, you will usually need to obtain a Grant of Probate before the sale can be completed.

A Grant of Probate is a legal document confirming that the executors named in the Will have the authority to administer the estate, including dealing with the sale of the property and any other assets belonging to the deceased.

When is Probate Required?

In England and Wales, probate is often required when:

• The deceased owned a property in their sole name or as tenants in common.
• Banks, building societies or other financial institutions require a Grant of Probate before releasing funds.
• The value or nature of the estate means legal authority is needed to administer the deceased's assets.

Probate may not always be required. For example, where assets pass automatically to a surviving joint owner or where the estate is of low value, depending on the requirements of the organisation holding the assets.

How to Sell a House When Probate is Required

Arrange a Valuation

Knowing the value of the property in Newton-le-Willows is important when selling a home during probate. The property's market value at the date of death forms part of the overall estate valuation and may be required when calculating any Inheritance Tax liability.

When selling a house during probate, make sure you choose a reputable estate agent like Fraser Reeves Estate Agents Limited to provide an accurate market valuation.

Selling a house during probate can be an emotional and challenging time. It's important to choose an estate agent who understands the sensitivity of your situation and handles it with the utmost care and respect. At Fraser Reeves Estate Agents Limited, we prioritise empathy and professionalism, ensuring you feel supported throughout the process.

Our team is committed to providing a thorough and fair valuation of your property, without any pressure. We respect your pace and decisions, offering expert guidance while understanding the emotional weight of parting with a loved one's home. You can trust us to manage this important task with the dignity and compassion it deserves.

Speak to a Solicitor

The executors of the estate can apply for a Grant of Probate themselves, although many choose to instruct a solicitor to manage the process on their behalf.

This process involves identifying the deceased person's assets, confirming who is entitled to inherit under the Will (or under the rules of intestacy where there is no Will), arranging the payment of any Inheritance Tax due and obtaining the Grant of Probate.

Many solicitors can also help progress the sale to a buyer once probate has been granted. If you can't find a suitable solicitor, ask Fraser Reeves Estate Agents Limited for a recommendation.

Work With an Estate Agent

You can begin marketing a property before a Grant of Probate has been issued, enabling you to arrange viewings and secure a buyer. However, the sale cannot proceed to exchange of contracts until the Grant of Probate has been obtained. In the meantime, an experienced estate agent can market the property, keep prospective buyers informed and help ensure the sale progresses smoothly once probate has been granted. When choosing an estate agent, consider how much involvement you need and the qualities that are most important to you, such as communication, experience and availability.

Expert communication and good availability may be particularly important qualities when choosing an estate agent to progress a probate sale.

An estate agent who is responsive and keeps all parties informed can make the process much smoother and less stressful. Additionally, an agent who is flexible and can accommodate your schedule will ensure that viewings and other necessary steps proceed efficiently, even if you have limited availability.

By carefully considering these factors, you can find an estate agent in Newton-le-Willows who will handle the sale with professionalism and sensitivity, making the experience as manageable as possible during a difficult time.

Are You Selling a House With Probate?

Selling a house with probate can be an emotional period. Choosing the right estate agent to help progress the sale is important to make the situation as straightforward and stress-free as possible.

If you're selling a house with probate in Newton-le-Willows, Fraser Reeves Estate Agents Limited are your local property experts, and we're here to help.

Give us a call today on 01925 222555 or email us at This email address is being protected from spambots. You need JavaScript enabled to view it. for a chat with our friendly and compassionate team about how we can help.

Frequently Asked Questions About the Probate Process

What is the Probate Registry, and how does it relate to the probate process?

The Probate Registry is a government body responsible for issuing Grants of Probate and overseeing the legal process of administering a deceased person's estate. In the context of selling a property, it plays an important role in validating the legal documents that give executors the authority to deal with the estate.

How do financial institutions, such as banks, impact the probate process?

Financial institutions, including banks and building societies, may require a Grant of Probate before releasing funds held in the deceased person's accounts. Their requirements can vary depending on the value of the assets held, so it's always worth checking with each institution.

What steps should be taken to pay Inheritance Tax during the probate process?

Paying Inheritance Tax, where applicable, is an important part of the probate process. Executors will need to identify the deceased's assets, calculate any tax due and arrange payment before, or at the same time as, applying for probate, depending on the circumstances.

Can a property be sold if the deceased owned it jointly with someone else?

If the deceased owned the property jointly, the position will depend on whether it was owned as joint tenants or tenants in common. Different legal considerations apply to each form of ownership, so it is important to seek advice from your solicitor to ensure the estate is administered correctly and any property sale proceeds smoothly.