# Selling a house through probate

Selling a home after a bereavement can be daunting, especially when probate is involved.

At Reeds Rains, we know that every probate sale is different. Some homes are ready to market quickly, while others need a little more time before they can be sold. Either way, a good estate agent and solicitor can help you move forward with confidence.

## Firstly, what is 'probate'? 

Probate is the legal process of dealing with a person's estate after they die. It gives the executor (if there is a will) or administrator (if there isn't a will) the authority to collect assets, pay debts and taxes, and distribute anything left to the beneficiaries.

When an inherited property is involved, probate often determines whether the property can be sold, transferred, or inherited by the beneficiaries.

Generally, you cannot complete a sale until probate has been granted if the deceased owned the property solely or as a tenant in common.

However:

- The property can often be marketed and put under offer before probate is granted.
- Exchange and completion normally have to wait until the legal authority is in place.

## How to prepare for selling a house in probate

Here are five practical steps to help you get started:

### 1. Confirm who has the authority to sell

Before a property can be sold, someone must have the legal right to act on behalf of the estate. If there is a will, this is usually the executor. If there is no will, it is usually the administrator.

In most cases, the property can be marketed before probate is granted. However, the sale will usually not be able to complete until the correct legal authority is in place.

### 2. Get a probate valuation

A probate valuation is an important first step. This helps you understand the likely value of the property and gives a clearer picture of the estate.