Dealing with the sale of a property after a loved one passes away can be an emotional and often confusing process. One of the most common questions sellers ask is: what is probate and how does it work?
Whether you’re named as an executor of a will or simply trying to understand the steps involved, getting to grips with probate is key before you can move forward with selling a home.
Related: Guide to selling an inherited property in the UK
What is probate and how does it work?
Probate is the legal process of handling someone’s estate after they pass away. The estate includes everything they owned, such as property, money, investments, and personal possessions. Probate gives the person dealing with the estate, usually the executor named in the will, the legal authority to carry out the deceased’s wishes.
If there is no will, the process is slightly different and called “letters of administration,” but many people use the word probate to cover both situations.
So, what does probate mean in practice? It means gathering details of the estate, paying off any debts or taxes, and then distributing what’s left to the rightful heirs.
What is a grant of probate?
A grant of probate is a legal document issued by the Probate Registry that confirms the executor has permission to deal with the estate. Think of it as official proof that allows banks, mortgage lenders, and the Land Registry to release funds or transfer property.
If you’re wondering what does a grant of probate mean for selling a property, it’s essentially your green light, you won’t be able to complete a property sale until this document is in place.
What happens when probate is granted?
Once you have the grant of probate, the executor can begin closing bank accounts, selling shares, and importantly, putting property on the market. If you’ve asked yourself, once probate has been granted what happens next, the answer is that the estate can finally be administered according to the will.
For sellers, this is the point where you can list the property, progress with viewings, and accept offers, safe in the knowledge that the legal authority is there to complete the sale.
Related: Tips for selling the property with tenants
What do probate lawyers do?
It’s possible to handle probate yourself, but many families turn to professionals for support. Their role is to manage the process on your behalf, ensuring everything is done correctly and within the law. This might include:
- Applying for the grant of probate
- Valuing assets, including property
- Settling debts and taxes
- Distributing the estate to beneficiaries
Using a lawyer can speed things up and reduce stress, especially if the estate is complex.
Related: Common house selling complications
What is the probate process?
The probate process generally follows these steps:
- Check if probate is needed – smaller estates may not require it.
- Apply for the grant of probate – this involves filling in forms and submitting the will.
- Value the estate – including property, savings, pensions, and possessions.
- Pay inheritance tax – if applicable, this must usually be done before the grant is issued.
- Receive the grant of probate – giving legal authority to act.
- Administer the estate – collecting assets, paying debts, and distributing the remainder.
When applying for probate, you’ll usually need the death certificate, the original will, details of assets and debts, and inheritance tax forms.
How much does probate cost?
Understandably, many people ask, what does probate cost? The cost depends on whether you do it yourself or hire a solicitor.
- Court fees: In England and Wales, there’s a standard application fee of £300 if the estate is worth more than £5,000 and no fee if the value is under £5,000.
- Probate solicitor fees: If you use a solicitor, costs vary. Some charge a fixed fee, while others take a percentage of the estate’s value.
What does a probate solicitor do?
A probate solicitor guides you through the legal side of administering an estate. They’ll prepare and file paperwork, liaise with HMRC and financial institutions, and ensure the estate is settled properly.
If you’re wondering about the costs, most solicitors offer transparent pricing and will explain whether a fixed fee or hourly rate applies.
How long does probate take?
The answer depends on the size and complexity of the estate. On average, straightforward cases take between six and twelve months. More complicated estates, or those involving disputes, can take longer.
Key takeaways
Probate might sound daunting, but understanding the basics helps you plan. If you want to sell the property, here’s what to keep in mind:
- You can’t sell a property until probate is granted.
- A grant of probate provides legal authority to deal with the estate.
- Probate lawyers and solicitors can manage the process for you if you’d rather not handle it alone.
- Costs vary depending on whether you apply yourself or use professional help.
While probate can be time-consuming, once it’s complete, you’ll have the clarity and authority needed to move forward with the property sale and give beneficiaries peace of mind.
If you have questions on the probate process or need personalised assistance in buying or selling, contact your local Whitegates team .
