Deed of renunciation and power reserved explained
If an Executor does not want to get involved in dealing with the Estate, they do not have to. They need to sign a document called a Renunciation.
Do I need probate to sell property after death?
We discuss whether probate is needed to sell a property, and some of the things you'll need to consider when selling a property after someone has died.
When a person dies, the executors named in their will (or if there is no will, the closest family members) become responsible for dealing with everything the person owned. The collective term for this is their 'estate', and may include their property, money, pensions, and other assets.
If there is property in the estate, the executors must decide what to do with it. This will be determined by:
- how the property was owned
- any wishes expressed in the will, if there is one
- what's in the best interests of any beneficiaries of the estate
Do you need probate to sell a house?
Probate will be needed to sell a property if it was owned in the sole name of the person who died.
It may also be needed in some circumstances if the property was owned jointly as tenants in common. However, the surviving co-owner can often sell this on behalf of themselves and the person who died without the need for probate.
If the person owned a property with someone else as joint tenants, it will be transferred to the surviving joint tenant. They can then sell the property if they choose to.
If you’re not sure how the property is owned, you can find this out by searching the Land Registry website. This holds the records for most property in England and Wales.
Learn more about property ownership and probate
Deciding what to do with the property
If there is a will
If there is a will, the executors must check the terms to see if there are specific instructions regarding the property. For example, a will might specify that a property, or share of a property, should be held in trust for the beneficiaries until a certain time. If so, the executors must follow the terms of the will.
If the will doesn't have any specific instructions about the property, the executors should decide what to do with it.
Either the property will need to be transferred into the names of the beneficiaries (as set out under the terms of the will) or sold. If the property is sold, the money from the sale will then go into the estate to be distributed to the beneficiaries.
Find out more about transferring a property after death.
If there isn’t a will
If there isn’t a will, the property will form part of their estate and be passed on in line with inheritance laws called the Rules of Intestacy.
Do executors need permission to sell a property?
The executors are responsible for the estate, so it's up to them to decide whether to sell the property. They don't need permission from anyone else.
However, executors have a duty to act in the best interests of the beneficiaries. This means that the property shouldn't be sold if it is not in the best interests of the beneficiaries.
Executors should never allow personal feelings to affect their judgement when making decisions, and they shouldn't make decisions based on personal gain.
If a beneficiary feels that an executor is not acting in their best interests, they may be able to apply to have the executor removed.
Can a property be put on the market before probate is granted?
Before getting a grant of probate, executors can:
- market a property for sale
- accept an offer on a property
However, you must have a grant of probate before exchanging contracts and completing the sale. When marketing the property, you should make it clear to potential buyers that a sale can't go ahead without the grant of probate.
Probate property sale price
If the property is to be sold, one thing that can cause friction between executors and beneficiaries is the sale price.
The person or company named on the grant of probate must sell the property for the open market value. If the property is sold for less than the full market value, a beneficiary can look to the executors for the difference.
It’s best to get two estate agent valuations for the property. These should reflect the value of the property at the date the owner died. If there is more than 10% difference between the two valuations, you should get a third valuation to get a clearer idea of the value.
You should get a certificate of best value from the estate agents who handle the sale. This confirms that the best price has been obtained for the property.
Things to be aware of when dealing with a property during probate
How we can help with property during probate
As part of our fixed fee Probate Complete Service, we can:
- tell existing insurance and contents companies about the death and make sure that appropriate insurance is in place (if the property is uninsured, we arrange cover for an additional fee)
- set up a Royal Mail redirect to ourselves so we can manage all the affairs of the estate during the administration process
For an additional fee, we can:
- transfer ownership of registered property from the person who died to the beneficiaries
- appoint a specialist conveyancer to register any unregistered land at HM Land Registry, if required
Managing and selling the property
If you use our Probate Complete Service, you can ask us to work with third party partners to manage and sell the property.
We will give you an individual quote for these services based on what work needs to be done. Our third party partners can:
- take care of property security, clearance and cleaning
- get the property valued
- market the property
- arrange for an Energy Performance Certificate (EPC), which is legally needed to sell a property
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