Probate Sale

Selling Property After a Loved One's Death:

When faced with the task of selling a property after the death of a loved one in England, navigating the legal requirements can be challenging. This guide will help you understand the essential steps and documents needed to proceed with the sale, focusing on the crucial role of the Grant of Probate and title deeds.

The Importance of Grant of Probate

The Grant of Probate is a legal document that gives the executor(s) of a will the authority to manage and distribute the deceased's estate. This document is crucial when selling a property after someone's death, as it proves to potential buyers and their solicitors that you have the legal right to sell the property.

Key points about Grant of Probate:

It's typically required for properties valued over £5,000
The process can take several weeks to months to obtain
You may need to pay inheritance tax before receiving the grant

Registered vs. Unregistered Properties

The documentation required for selling a deceased's property can vary depending on whether the property is registered or unregistered with HM Land Registry.

For registered properties:

Original title deeds are not necessary
The Grant of Probate is usually sufficient

For unregistered properties:

Both the Grant of Probate and original title deeds are required
If title deeds are missing, you may need to apply for a statutory declaration

Locating Title Deeds

If the property is unregistered, locating the title deeds becomes crucial. Here are some places to check:

The deceased's personal papers
The solicitor who handled the original purchase
The mortgage lender, if there's an outstanding mortgage

If the lender holds the deeds, you'll need to provide your conveyancer with:

The lender's details
The mortgage account number

Your conveyancer can then request the deeds on your behalf.

The Role of a Conveyancer

A conveyancer plays a vital role in the property selling process, especially when dealing with a deceased's estate. They can:

Help obtain the necessary documents
Liaise with the Land Registry
Handle legal aspects of the sale
Ensure compliance with probate laws

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