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Probate is a legal process where the courts review a deceased person’s Will (if there is one).

It ensures that the deceased’s debts, taxes, and expenses are paid off.

It can take 6 months to a year. Along the way, probate will grant certain rights for handling the deceased assets.

For example, asset distribution to named heirs, property put up for sale, etc.

It is something that can cause a lot of people angst and anxiety.

We Buy Any Home can guide help you make it all a lot easier.

Inheriting a property doesn’t necessarily mean you can sell it immediately.

Property doesn’t legally belong to you until the deceased’s Will has gone through probate.

Only when probate is granted can you sell the property.

The laws for probate and inherited property vary throughout the UK. England & Wales have separate laws from Scotland.

We cover both legal jurisdictions and take special care to highlight when the law differs between the two areas.

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What is Probate?

Probate is essentially permission to distribute a deceased person’s assets.

When the estate is a reasonable size, it must be sent through probate. The courts will then analyse the Will and listen to beneficiaries to determine 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, who simply need to supply the death certificate for the deceased.)

In Scotland, this process is called ‘Confirmation’ and it’s broadly the same.

Are You Named in the Will as the New Owner?

Many people assume that property ownership automatically transfers according a Will.

It doesn’t.

The deceased’s assets must go through probate. It ensures that the property ownership transfer is correct.

Until probate is complete, people can contest the Will. If they are successful, property ownership may not transfer to you.

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 isn’t needed. Ownership will transfer to you when you supply a copy of the deceased’s death certificate to the courts.

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What You Need to Know About the Probate Process

With most property sales, somebody must 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. Whilst it must still go through probate, the joint owner can manage it. 

In Scotland, the process is broadly the same. There are slightly different considerations about other assets, but the estate must always go through confirmation if 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 must 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. Whilst it must still go through probate, the joint owner can manage it. 

In Scotland, the process is broadly the same. There are slightly different considerations about other assets, but the estate must always go through confirmation if 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

The easiest way to apply for probate is to contact a solicitor. This is especially true if property is involved.

However, you can tackle probate yourself. Just remember that there are many legal technicalities to deal with.

In England & Wales, you can apply for probate through the Probate Service website. However, before you do, you must begin paying inheritance tax to HMRC, plus value the estate.

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?

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 the probate.

A judge will 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, it is worth hiring a solicitor.

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.

In Scotland, confirmation is a bit faster. It can take just a few weeks (depending on how overloaded the court system is). However, it can also take several years for major estates. 

Either way, the process is not quick.

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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.

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Taxes on Inherited Properties

When you inherit a probate property, taxes may be due. Some will be due immediately, others when you sell.

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.

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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 (SDLT)

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. You do not pay it on your first home but you must pay it on all subsequent homes.

This means that if the inherited property is your first home, subsequent homes you buy will have stamp duty.

However, no stamp duty must be paid when you inherit the house.

In Scotland, rules are slightly different. You may need to pay stamp duty if you do not sell an inherited property within three years of 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. Otherwise, they will determine your primary property when you carry out any property sales when you sell property.

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.

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Avoiding 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 times inheritance tax is avoided is if the property is passed to the deceased’s spouse. This assumes the deceased did not gift out the property before they passed away.)

You can only avoid capital gains tax by avoiding selling your property.

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Selling Probate Property

Once you have received probate on a property, selling inherited property is almost the same as selling any other property.

In theory, you can start the sale process before probate is granted on the inherited property. But it may not be worthwhile because you can’t predict probate timeframes.

Can You Sell Your Inherited Property?

In general, if you have not been granted probate, you cannot legally sell the house.

The court must first decide whether you legally own the property.

However, there is an exception to this rule. If you were listed as a joint owner on the property beforethe deceased passed away, you can list it 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 about these.

Is Selling the Right Choice for Inherited Property?

For some, keeping inherited property is important. Many inherit a property they grew up in.

New owners may live there or rent it out (you’ll must 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 is relatively simple.

However, you may want to wait until ideal market conditions – if such a thing exists!

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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.

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How Long Does Selling Inherited Property Take?

If the property has yet to go through probate, the process could take anywhere from 16 weeks to several years.

Once it probate is complete, the selling process is the same as selling any other property – 25 weeks on average.

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