Selling a probate property
Selling a property you have just inherited can be a daunting prospect at the best of times. First there is the emotional impact of dealing with the loss of a relative or friend. And then there are the legal responsibilities, paperwork and financial matters to consider…
The additional steps required to sell an inherited property can add to what is already a demanding time so it's important to ensure you’re following the necessary steps. While the paperwork can be greatly increased, some elements of selling a property remain the same and it’s worth bearing that in mind.
It’s important to make the property look as visually appealing as possible to leave viewers leave with a good and lasting impression.
1. The Will
When inheriting a property, the first step is to make sure the legal side of things is covered and that the will states the name of the executor (the person in charge of the deceased’s estate) and the beneficiaries (those who are to inherit the estate). Shared ownership can make things a little trickier when making those major decisions, but the next steps are to apply for a grant of probate from the Probate Registry. If there is more than one executor, there is advice on the probate application form and guidance notes, as well as a handy guide from the government on how to do this part of the process.
2. Apply for probate
Probate gives the executor the legal authority to act on behalf of the deceased. They will be given access to things like bank accounts, investments, and anything else that is relevant to the property. In terms of timeframes, it usually takes a grant of probate around six to eight weeks to arrive, and then finalised issues of inheritance and the estate can take from about three to six months, or even longer, depending on if it’s a large estate with various bank accounts, properties, etc.
3. Speak to the experts
If you want to avoid extra paperwork, you can get a solicitor to act on your behalf to provide probate services, and although you may be dealing with family members during the process, it’s always good to cover yourself and avoid any additional arguments. HMRC will also require an accurate figure as of the date your relative/friend passed away for probate purposes, and this is where Gibson Honey can help.
4. Check your inheritance tax requirements
Inheritance tax is due on estates of more than £325,000 at a rate of 40 per cent, however, there are some variants on this:
- You won’t have to pay any inheritance tax if it is passed to the deceased's spouse or civil partner, a charity or a community amateur sports club.
- If the deceased left the estate to their children or grandchildren, the threshold goes up to £500,000, which also applies to adopted, foster or stepchildren.
Bear in mind that you might have to pay capital gains tax on any profits you make from the property.
5. Selling advice
A question we are often asked, is whether it is a good idea to renovate an inherited property before selling. In most circumstances, our advice is most definitely not and we can always explain why when we meet you. Much of the decision to update though, will depend on your circumstances and what is best for you.
Best practice when selling is always worth considering. Make sure you’re allowing lots of natural light into the property and declutter rooms of personal items that have been left. Don’t forget it’s the outside of the property that potential buyers will see first, so it is always a good idea to tidy up the front and back gardens.
At Gibson Honey we have dealt with inherited properties for numerous years and we can guide you with first steps and refer you to the best local people at this difficult time. Please see a review from one our clients where we dealt with their probate sale:
Mrs H Raymond
We can't fault Kevin, Natalie and the whole Gibson Honey team. We unfortunately had to sell a property from a bereavement and everyone rallied around to make the process as easy, smooth and painless as possible - their support has been invaluable during a very difficult time. All of the team were patient, understanding and nothing was too much trouble. We'd highly recommend selling a property via Gibson Honey. (Source: Google Review)