How to Sell a House After Someone Dies

Selling a home is often a process filled with complexities and emotions, but when it’s in the wake of a relative dying, it can become even more challenging. Numerous complications such as legal obligations, personal feelings and family responsibilities can leave you feeling confused and unsure. In this article, we will take you through the step-by-step process of how to sell a house after someone dies, from understanding legal ownership to putting it on the market.

Whether it’s a family home filled with memories or an investment property, we aim to make this potentially overwhelming task a little more manageable.

Obtain probate

If you’re named as an executor in someone’s will, and you choose to sell the property you’ve inherited, you will need to organise the sale and get a grant of probate. This is a legal document issued by the court that is required before a property can be sold. It confirms the validity of the will and names the person or persons who have the legal authority to deal with a deceased person’s possessions, including their home — giving you the right to sell the house. It costs between £155 and £273 to apply for probate, depending on if you do it yourself or use a solicitor or licensed professional. You will require the death certificate and the original signed will, and it can take 12 weeks or more to be granted probate. 

Can I sell the property before I get probate?

Generally speaking, no. It’s possible to put the property on the market whilst you’re waiting for the grant of probate to be issued. However, you cannot legally complete the sale unless you have been granted probate. There are a few exceptions, like if you happen to jointly own the property with the person who has died. The property will also need to be cleared of all its contents before it can be sold, so be realistic about timescales when selling. 

What about tax?

Understanding how tax works in estate management is essential if you’re thinking about selling a probate property. Here are two key types of tax you need to know about if you’re navigating a probate journey.

Inheritance tax (IHT)

This is by far the most important tax to be aware of. It’s a tax levied on the value of someone’s estate when they die. If the estate’s value exceeds the inheritance tax threshold (which is £325,000 until at least 2028), anything over that amount is subject to inheritance tax at a rate of 40%.

Capital gains tax (CGT)

If the estate’s property has significantly increased in value since the deceased bought it, you may need to pay capital gains tax on it. This is because CGT is based on the profit made when you sell the property. 

It’s important to keep in mind that tax is notoriously complicated, and there are a few potential exemptions and reliefs that you might be able to claim, reducing the overall tax bill. This is why it can pay to get professional tax advice based on the precise ins and outs of the estate you’re handling.

Get the property valued

As part of obtaining probate to sell the property, it’s necessary to ascertain the property’s value as well as any other assets that are part of the estate. The best way to do this is to get two or three local estate agent valuations to get a better picture of the market value of the property. These asset valuations form part of the application for the probate grant, and depending on their value, it may be necessary to calculate how much inheritance tax is due.

Check the title and deeds

When dealing with a property after the owner has passed away, it is essential to check who actually owns the property. If the property is registered with the Land Registry, the process is straightforward — ensure the legal title is in the deceased’s name as well as the title plan which shows the boundaries of the property. If the deceased owned the property before 1990 and it hasn’t been mortgaged since, the property may not be registered with Land Registry. In this case, you will need to locate the paper title deeds to prove ownership.

Sell the property

Once probate is granted, you’re free to choose to sell the property however you’d like to. If you want to sell your property traditionally through an estate agent, you can talk to them about selling when they value your property as part of the probate process. An estate agent can help by taking on the management of the viewings as well as dealing with solicitors. However you will have to pay estate agent fees and depending on the property’s condition, the market conditions and your personal timeline, this may not be suitable.

You may choose to sell via auction if speed is a priority. However, there is no guarantee of a sale, and you must prepare the property for viewings before auction, which can add to your stress. Choosing a cash house buyer can be a fast and reliable option without having to deal with traditional market’s complexities. This option can be particularly beneficial if you need to sell quickly, or if the property requires significant work.

What factors should I consider when choosing how to sell?

There is no one single best approach for everybody who is dealing with selling a house in probate. It’s likely to come down to a few things such as:

• Timeframe: If you need to sell quickly with no chance of the buyer backing out, a quick house sale is ideal
• Market conditions: A stagnant property market could make a traditional sale very difficult
• Property condition: Properties requiring significant work might benefit from a quick cash offer
• Emotional attachment: If you have a strong emotional connection to the property, it can be difficult to face the drawn-out process of a traditional sale, but selling to the highest bidder at an auction can also feel wrong

How Sell House Fast can help

SellHouseFast.co.uk offers a straightforward solution to selling a probate property. Unlike other selling options, with us, you don’t have to compromise on speed and certainty. Our service is centred around a quick cash offer and completion process that removes the uncertainty of selling your property. It’s convenient too, because we handle the entire process while you focus on other things. Our offers are competitive, and based on the property market.

A positive next step at this point can be to seek a cash offer. You can keep this offer in mind and compare it to your