Sell Probate Property
Sell your inherited home quickly
- FREE cash offer within minutes
- Receive funds in 7 days
- A guaranteed sale on any property
A simple solution for selling probate property
When a person passes away, their assets will enter a process known as probate. Probate is a legal process where the courts will validate the Will (if there is one) and ensure that any debts, taxes, and expenses owed by the deceased are paid off.
Along the way, probate will grant certain rights for handling the deceased assets. For example – probate will allow the assets to be distributed to the named heirs, allow the property to be put up for sale, etc.
Probate is something that can cause a lot of people angst and anxiety. But don’t worry, we aim to guide you through it here and show you how We Buy Any Home can help make it all a lot easier.
Remember, if you have inherited a property, it doesn’t necessarily mean you can sell it immediately. The property doesn’t legally belong to you until the deceased’s Will has gone through probate. Only once you have been granted probate can you proceed with selling the property.
They’ll also let you know when you can continue with the home sale. Do note that the laws for probate and inherited property vary throughout the UK. England & Wales have separate laws from Scotland.
We’ll cover both legal jurisdictions and take special care to highlight when the law differs between the two areas.
Free cash offer within minutes, any condition, any location.
What is Probate?
Probate is, essentially, receiving permission to distribute the assets of a deceased person.
When a person has an estate of a reasonable size, the estate must be sent through probate. The courts will then analyse the Will, and listen to beneficiaries, to determine whether everything is above board.
In England & Wales, property going through probate cannot be sold until it has been granted probate. The one exception to this rule is if there is a joint owner on a property. The joint owner is free to sell the property if they wish. All they need to do is supply the death certificate for the deceased. The process in Scotland is broadly the same, although the process is known as ‘Confirmation’ instead.
Are You Named in the Will as the New Owner?
Many people assume that the property automatically becomes theirs just because they have been named in a Will as a new homeowner. It doesn’t. The deceased’s assets will need to go through probate. Probate ensures that the property really should have the ownership transferred to you. Until probate is complete, people can contest the Will. If their contests are successful, the property may not transfer ownership to you at all.
The only exception to this rule is if you were listed as a joint property owner before the deceased passed away. In that case, probate doesn’t need to be completed. Ownership and the sale rights of the home will transfer to you as soon as you can supply a copy of the deceased’s death certificate to the courts.
Free cash offer within minutes, any condition, any location.
What You Need to Know About the Probate Process
-
Do I Need to Apply for Probate?
-
How to Apply for Probate
-
What if Probate is Contested?
-
How Long Does Probate Take in the UK?
With most property sales, somebody will need to apply for probate. In England & Wales, who applies for probate will depend on whether there is a Will:
- If there is a Will, the listed executor must be the one to apply for probate.
- If there is no Will, a close family member can apply for probate.
If there is already a joint owner listed on the inherited property, the ownership of the property will pass to them. While the property must still go through probate, the joint owner can manage it.
In Scotland, the process is broadly the same. While there are slightly different considerations about other assets, the estate must always go through confirmation in Scotland if the property is involved. Who can apply for probate will vary, but it can be the executor of the Will, next of kin, insurance companies, or anybody with a stake in the Will.
Do I Need to Apply for Probate?
With most property sales, somebody will need to apply for probate. In England & Wales, who applies for probate will depend on whether there is a Will:
- If there is a Will, the listed executor must be the one to apply for probate.
- If there is no Will, a close family member can apply for probate.
If there is already a joint owner listed on the inherited property, the ownership of the property will pass to them. While the property must still go through probate, the joint owner can manage it.
In Scotland, the process is broadly the same. While there are slightly different considerations about other assets, the estate must always go through confirmation in Scotland if the property is involved. Who can apply for probate will vary, but it can be the executor of the Will, next of kin, insurance companies, or anybody with a stake in the Will.
How to Apply for Probate
In England & Wales, and separately Scotland, the easiest way to apply for probate is to talk to a solicitor, mainly if the property is to be dealt with. However, you can tackle probate yourself; just bear in mind that there are a lot of legal technicalities to deal with.
In England & Wales, you can apply for probate through the Probate Service website; however, you must start to pay inheritance tax to HMRC, plus value the estate before you do so. The Probate Service will guide you through the process. You’ll need details of the death certificate, Will (if there is one), and details of the estate. It is a long-winded process but much cheaper than dealing with a solicitor.
In Scotland, you will need to talk to your local Sheriff’s Court, which will guide you through the application for confirmation process.
What if Probate is Contested?
In most cases, the process of probate or confirmation should be smooth sailing. However, during the probate process, anybody who believes they have a greater right to the property than those named in the Will (or the deceased’s next of kin) can contest probate.
If probate is contested, it is up to the judge to analyse the evidence and decide who has the legal right to the property.
If probate is contested and your right to inherited property is challenged, then it is worth retaining the services of a solicitor to handle the case for you. This will ensure that your argument is put forward in the best possible way.
How Long Does Probate Take in the UK?
In England & Wales, the process can take 16 weeks to complete but can take several years in more challenging cases. However, several years will often be reserved for the vast estates where there may be multiple cases of probate property.
Scottish confirmation is a bit faster; it can take just a few weeks (depending on how overloaded the court system is), but like England & Wales, it can take several years if major estates need to be dealt with.
Either way, the process is not quick.
Free cash offer within minutes, any condition, any location.
How Much Does Probate Cost in the UK?
In England & Wales, the application fee for probate is £273 (as of 2024).
In Scotland, the application fee for confirmation is £200 (as of 2024).
If you are using a solicitor, the fees may vary. Most solicitors charge based on the value of the estate, and this will be somewhere between 1% and 4%, which can be sizeable if the estate is large.
Free cash offer within minutes, any condition, any location.
Taxes on Inherited Properties
When you inherit a probate property, taxes may be due. Some taxes will be due immediately, while others may become due when you sell the inherited property.
What is Inheritance Tax for Property?
Inheritance tax is a tax paid when you receive assets from a deceased person. However, they are not always due. They are only paid when the assets are valued at over £325,000. You must contact HMRC to pay any inheritance tax due.
What Is the Inheritance Tax Rate for Property?
The tax rate is 40% of anything over £325,000. No inheritance tax is due on inherited property valued below £325,000. Remember that this is the total value of all assets received from the deceased. So, if you receive a property worth £125,000 and shares worth £300,000, inheritance tax would be due despite both values being below the £325,000 threshold.
Start the cash house buying process today with our team of property experts.
The Three Types of Inherited Property Taxes
There are three types of tax on inherited property, across the UK. Not all of them will be paid when the property completes probate.
As stated, this is the only tax due on the inheritance of the property. 40% of the property value over £325,000 must be paid to HMRC.
Inheritance Tax
As stated, this is the only tax due on the inheritance of the property. 40% of the property value over £325,000 must be paid to HMRC.
Stamp Duty Land Tax (Name Varies Depending on Country)
Stamp duty is a tax you must pay when buying a home. This will either be 3% or 4%, depending on the country you are in (Scotland has the highest rate).
Stamp duty is complex, but you do not pay stamp duty on your first home purchase but must pay it on all subsequent home purchases. This is to help people get onto the housing ladder for the first time.
This means that if the inherited property is your first home, any subsequent home you buy will have stamp duty attached. However, no stamp duty must be paid when you inherit the house.
In Scotland, rules are slightly different. In some cases, you may need to pay stamp duty if you do not sell an inherited property within three years of the property going through confirmation. This will be at the current stamp duty rate.
Capital Gains Tax (CGT)
Capital Gains Tax is also complex.
In all regions of the UK, capital gains tax is a tax you pay on the profit from the sale of a home. However, it only applies if the house is not classed as your main home. If you have inherited a property, you must tell HMRC where your main home is. If you do not, they will determine your primary property when you carry out any property sales.
You can think of capital gains tax as a tax on your profits. The amount of tax you pay will depend on the difference in property value from when you inherited it to when you sold it. So, if the property price has increased by 20%, you would pay tax on that 20%.
HMRC will inform you precisely how much capital gains tax is due when you sell your property.
Sell your inherited property fast, for cash.
How to Avoid Inheritance Tax on Property
You cannot avoid inheritance tax on property. HMRC will know if you’ve inherited property, and they’ll know exactly how much tax must be charged.
The only time inheritance tax is avoided (assuming the deceased did not gift out the property before they passed away) is if the property is passed to their spouse. The spouse will never pay an inheritance tax on received assets.
You can only avoid capital gains tax by avoiding selling your property.
Free cash offer within minutes, any condition, any location.
Selling Probate Property
Once you have received probate on a property (which can take weeks to years, depending on whether somebody contests probate), then selling inherited property is almost the same as selling any other property. You will need to confirm probate throughout the process, though.
In theory, you can start the sale process before probate is granted on the inherited property, but it may not be worth it because it is impossible to predict when probate will be granted.
Can You Sell Your Inherited Property?
If you have not been granted probate, then you cannot legally sell the house in probate. Until you receive that confirmation, the courts have yet to decide whether you legally own that property. Only once you receive probate confirmation is the property yours, and at that point, you’re free to sell your inherited property.
There is an exception to this rule, however. If you were listed as a joint owner on the property before the deceased passed away, you have the right to list the probate property for sale before probate has been granted. However, you may have financial obligations to some of the beneficiaries of the Will. You must talk to a solicitor to find out more about any obligations you may have.
Is Selling the Right Choice for Inherited Property?
For some people, keeping hold of the inherited property is important. Many who inherit property will receive a property they grew up in or their parents owned. Sometimes, they like to keep it in the family. This may mean living there or renting it out (you’ll have to pay tax on rental income).
However, if you want to make money on the property, sell it. Once you’ve been granted probate, the process isn’t too complicated. However, you may want to wait until ideal market conditions if such a thing exists!
Alternatively, with rental prices how they currently are, it may also be worth considering retaining and renting the property out.
Free cash offer within minutes, any condition, any location.
How it works
Gain peace of mind when selling your probate property with We Buy Any Home.
Once you have been granted probate on the property, then you are the legal owner. You can consult with a real estate agent, much like you would on any other property sale.
-
Fill in the online form
Call us on 0800 774 0004
or fill in your details online through our Valuation Form. -
Receive offer
Once we’ve received the details of your property, we will make you an offer within 24 hours.
-
Sale agreed
The sale will be agreed! Sit back, relax, and let us take care of all the work.
Free cash offer within minutes, any condition, any location.
How Long Does Selling Inherited Property Take?
If the property has yet to go through probate (i.e., the legal decision that the property can be sold has been made), then the process could take anywhere from 16 weeks to several years.
Once the property has gone through probate, the process takes the same time as selling any other property. Depending on the number of interested buyers, this could be as little as 7 days or as long as several years.
Popular Areas We Buy Probate Property For Cash
We operate across the United Kingdom including England, Scotland, and Wales. We can buy your house fast, whether you’re in the northernmost parts of Scotland or enjoying life on the beaches on the south coast.
Sell Probate Property Fast
We know how tricky it can be to sell property quickly, particularly inherited property. If you wish to sell your property fast, we here at We Buy Any Home can offer a free cash offer. Reach out today. If you accept our cash offer, you can unlock the funds from your inherited home in as little as 7 days.
Frequently asked questions when selling a house in probate
Want to discuss a little further? Freephone 0800 774 0004 or call our office 0203 789 2401
What are the steps of selling a house with probate?
If you are selling a house in probate, there are several steps to follow and certain factors you should be aware of:
- Register the death. During the process of applying for probate, you will need to provide a death certificate. You may also need to provide an original copy of the will.
- Get a property valuation. You need to know the value of the property to apply for a Grant of Probate. It is useful to gather valuations from two or three estate agents. You can use the average valuation in your probate application.
- Check the property’s titles and deeds. You need to do this when selling any property. This step ensures that you are aware of any restrictions on the property. If you cannot find these digitally through the Land Registry, you should be able to find them in paper title deeds. Paper title deeds are likely to be with the deceased person’s solicitor.
- Pay Inheritance Tax. Before probate can be granted, the inheritance tax from the deceased person’s estate must be paid. This can sometimes be costly or unaffordable. A Direct Payment Scheme may allow you to use funds from the estate to pay the tax. Alternatively, an Executor’s loan can help to alleviate any financial stress during this period.
- Apply for Grant of Probate. Finally, complete your application for Probate. This will usually incur a fee. The property can be listed on the market and sold. Alternatively, you can also sell the property to cash house buyers We Buy Any Home.
How long does probate take?
Selling a house through probate can typically take longer than a usual house sale. Probate can usually take between six and 12 weeks from applying to receiving the Grant of Probate. However, during this time, the property can still be put on sale. However, if an offer is made, you must wait until the Grant of Probate before the sale can be completed.
That being said, properties in probate that are vacant can be encouraging for home buyers who are seeking a purchase without a chain as there is little chance for disruption in the buying process. You can also receive an offer on the property within minutes from WeBuyAnyHome.com. Receive your free cash offer now.
Does probate stop you from selling a house?
Probate doesn’t prevent you from listing a property for sale. However, Grant of Probate is required to complete the sale. Receiving probate can usually take between six and 12 weeks from your application being submitted.
Can the executor sell a house that is in probate?
The executor of an estate can sell a house that is in probate, provided that this authority is explicitly outlined in the deceased’s will or granted by the court. However, the executor needs to conduct due diligence to ensure there are no surviving joint owners with legal rights to the property.
Additionally, the executor must carefully examine the will for any clauses that might impose restrictions on selling the property. By confirming these factors, the executor can proceed with confidence in carrying out their responsibilities to sell the house during the probate process.
Do you pay capital gains tax on inherited property?
You will only pay capital gains tax when you sell the inherited property when it isn’t your main home i.e. it is a second home. You do not pay capital gains tax just for owning an inherited property.
What are the rules for probate in the UK?
Probate rules are complicated. Generally speaking, all real estate must go through probate. It is up to the judges to determine who will benefit from the sale of that property. This is made easier if there is a will, or if probate is not contested.
Does every death have to go through probate UK?
No. Deaths only need to go through probate if there is a sizeable inheritable estate. The definition of sizeable varies between the countries in the UK.
How long does probate take for property UK?
Depending on the size of the estate, it could be anywhere from several weeks to several years.
How much does an estate have to be worth to go to probate UK?
In most cases, if the estate is worth more than £5,000, it must go through probate.
What is a probate property UK?
Probate is the legal process a deceased person’s estate must go through before any right to manage the estate is granted i.e. grant sales of property, inheritance, etc. A probate property is a property going through this process. This property cannot be sold until probate is granted.
How do I find probate property in the UK?
Various real estate agents may maintain probate property listings.
Can you live in a house during probate UK?
Yes. This is assuming that the deceased has not forbidden you from living there. The executor of the estate can control who lives in the property during probate, although they must also consider the wishes of the inheritors. This means they, rarely, can let a random person live there.
How do I avoid capital gains tax on inherited property UK?
If the inherited property is classed as your main home, you do not have to pay capital gains tax on the sale.
Should you renovate an inherited property before selling?
Renovating properties takes a lot of time and effort, and often with only minimal financial gain.
While you can renovate the property, if a lot of work needs carrying out, most inherited properties are best sold ‘as is’.
What do you do when you inherit a house UK?
Before you have control of the inherited house, you must go through the probate process. Talk to a solicitor about this. Once you have been granted probate, you can do whatever you want with the home.
Do you pay Inheritance Tax on inherited property UK?
If the property is valued at over £325,000, you must pay inheritance tax. As of 2024, the tax will be 40% of anything over the £325,000 threshold. All inherited property will be factored into the equation.
Free cash offer within minutes, any condition, any location.
Don’t just take our word for it.
View more reviews "Faultless"
I found the whole process faultless. Right from my initial enquiry the communication I received was excellent, all the way through to the completion of the sale of my property. I would be happy to recommend We Buy Any Home.
"Wouldn’t hesitate to recommend them"
We approached We Buy Any Homes after our house sale fell through at the last minute. We were keen to progress with our onward purchase and the team at We Buy Any Home provided that opportunity. It was a smooth, easy, straightforward process and we were guided throughout the process. We wouldn’t hesitate to recommend them.
Here you will find the latest UK property
news, as well as industry tips and advice.
Get a free cash offer today
Enter your details below
"*" indicates required fields