Selling House Before Probate

Probate can sometimes be a lengthy and complicated process, but in certain circumstances you might be able to sell a house or flat before probate (or prepare to sell).

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Your questions answered when selling a house before probate

✅ Is it illegal to sell a house before the probate process has begun?

Generally, yes you have the ability to advertise a property for sale before the official probate process has begun and you can even accept offers from buyers in advance. However, there are some situations that can restrict your ability to pursue the sale of a home ahead of probate, including tenants in common or where several living people might have a stake in the property.

✅ Will I always have to pay fees for selling a property before probate?

No, you will likely only have to pay fees for selling a home before probate if you use an estate agent or an auctioneer. Estate agents and auctioneers charge commission often based on a percentage of your home’s sale value. But fast buyers like LDN Properties will never charge you any commission.

✅ What is the fastest way to find a buyer for a house ahead of probate?

Using a quick property buyer is likely your best option, because the reputable companies can complete the purchase of a home in just a few weeks. By contrast, you can expect a wait of at least a couple of months when selling your property through an auctioneer. And estate agents can sometimes take much longer, possibly even more than a year, to sell a property.

✅ Are there any downsides to selling a home before probate has occurred?

Depending on the property you can experience some drawbacks of selling a house or flat before the official probate process has begun. For example, you might be responsible for many months for the general maintenance of a house that sells before probate, until the process can be completed. This can be an expensive and time-consuming, and unwelcome, outcome.

✅ What is the average timeline for selling a property via the probate process?

There is no set schedule for how quickly you can sell a home through probate, and the timing will depend on what method you use for finding a buyer. But note that you can expect to wait between 12 and 14 weeks for probate to be granted, so you should take that into account as you plan the amount of time and money that you can spend on waiting for a buyer.

✅ Will probate be required for every type of property sale?

No, although probate is a necessary part of the process of selling the properties of people who have died, it is not required in every circumstance. For example, you might be able to avoid probate entirely if the person who owned the property and has passed away only had savings, or jointly owned the home because it will pass on automatically to the living owners.

✅ Should I make any efforts to improve a probate property before selling it?

It’s certainly worth considering the benefits of investing some time and money into improving the look of a home that requires probate before you attempt to sell it. That’s because, just as with selling a conventional property, buyers will be turned off by poorly kept homes with flaws such as broken windows, whereas houses in great condition might attract a higher sale price.

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