Do you Need Probate to Sell a House?
Essential Guide to Probate in England and Wales

Yes, in most cases you need to obtain a Grant of Probate before you can legally sell a property in England. This grant officially authorizes the executor(s) to manage and sell the deceased's estate, proving legal ownership transfer rights to buyers and their solicitors.

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Understanding Probate in Property Sales

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Probate is the legal process that verifies an executor's authority to administer the deceased’s estate, including property. Without the Grant of Probate, the executor cannot legally sell the property. The grant is typically required when the estate's value, including property, exceeds £5,000.

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When Can You Sell a Probate Property?

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• Before Probate: You can market the property for sale before probate is granted but must clearly state that the sale is subject to probate. Some buyers may be deterred due to potential delays.

• Completion: You cannot complete the sale until the Grant of Probate is granted.

• Exceptions: If the property was jointly owned with a surviving spouse or partner, they may sell it without needing probate. Also, properties held in a trust may be sold by trustees.

Registered vs. Unregistered Property

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• Registered Properties: The title is recorded electronically by HM Land Registry, so the Grant of Probate is usually sufficient to proceed.

• Unregistered Properties: Original title deeds are required. If missing, further legal steps such as statutory declarations may be necessary.

Locating Title Deeds

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For unregistered properties, locate title deeds by checking:

• The deceased's personal papers

• The solicitor who handled previous transactions

• The mortgage lender (if deeds are held as security)

Your conveyancer can request deeds from the lender if necessary.

Role of the Conveyancer

Your conveyancer helps by:

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• Assisting with probate application

• Liaising with HM Land Registry

• Managing legal paperwork for the sale

• Ensuring compliance with probate laws

• Coordinating between executors, buyers, and estate agents

Frequently Asked Questions

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Q1: How long does probate take?
Typically 4-12 weeks but can be longer depending on complexity and tax clearance.

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Q2: Can I sell a property without probate?
Generally no, unless you are a joint owner surviving the deceased or a trustee.

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Q3: What if the property is unregistered and deeds are lost?
You may need to apply for a statutory declaration or retrospective registration to prove ownership.

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Q4: Can executors sell the property without beneficiary approval?
Yes, if it is their duty per the will to sell, but legal advice is advised in case of disputes.

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Q5: What if the deceased died intestate (no will)?
An administration grant is needed instead of probate, making the process more complex.

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Q6: Are probate sales more complicated?
Yes, often due to documentation, delays, and legal formalities.

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