Probate : Selling a house during the probate process
It is very common for probate to involve issues relating to a deceased persons property.
If a Deceased held a property in their sole name then probate will be required to sell or even let the property. Once probate has been obtained the Land Registry can be informed and the title to the property updated.
If property is held jointly (known as a Joint tenancy) then sometimes probate may not be required as the deceased persons share in the property will pass via survivorship to the surviving partner. By contrast if the property is held as Tenants in Common then the Deceased’s share in the property will not automatically pass to the survivor, and will instead be subject to the Deceased’s will or the Intestacy Rules. As a result of this, a Grant of Probate or Grant of letters of Administration will always be required. To determine ownership of the property, a review of the title deeds will be required if the property is Unregistred or the Land Register if the property is Registred.
Valuing a Property for probate
To sell a property of someone that has died, the date of death value of the property has to be inserted on the inland revenue return. This will represent the true market value that a buyer is willing to pay for the property, and as such the advice and guidance of a local agent sould be sought so as to ascertain the true date of death valuation, otherwise ( particularly if inheritance is due ) the valuation will be challenged by the district valuer at the Revenue.
We can help with probate matters relating to property matters,
call our property probate helpline on 0844 7400948
National Probate helpline Telephone: 0845 9011 686
