Do you need probate urgently
to sell a Property?
We are regularly contacted by families seeking help to sell the property of a Deceased person.
It is important to appreciate that the Grant of Probate as opposed to the will provides the legal authority to sell the property. It is this document that will always be requested by the buyers solicitors. Typically, it is only when a buyer is found do the executors or administrator realise that a property was owned outright by the Deceased.
We frequently help those clients selling properties who suddenly realise that they didn’t get a grant when their parents died. For example, most properties are owned jointly between spouses which means that when one dies the property passes to the survivor despite this the land registry still need to be notified on the death of the first spouse.
The alternative way in which a property can be owned is when the owners are tenants in common this means that on the death of either tenant the property does not automatically pass to the survivor instead, the share in the property would pass according to the will or the intestacy rules. This means that very often an assent will be require which transfers the property into the beneficiaries name
Need probate quickly to sell a property ? Call us now on 0845 269 3571
Transfers of part or all of a probate property
Sometimes the Deceased may have part owned a property meaning that the property doesn’t need to be sold after the death. Instead a legal transfer known as an assent takes place when the Estate ( via the executor or administrator ) assents the property into the beneficiaries name. This involves an application to the land registry and unless the property is a leasehold is a relatively straightforward matter for a solicitor to undertake
Insurance of a probate property
Any Executor should always insure that a property is fully insured during the estate administration – it fairly common for the insurers to insist that the property be regularly inspected regularly and if unoccupied arrangements have been made with utility companies