Sell A House After Probate in Leeds

Sell An Inherited House In Leeds

Probate house sales can be tricky for all involved. It is an emotional time when someone dies and dealing with legal hoops is the last thing that anyone wants to do.

Selling a house in probate, understanding the hurdles involved in the sale, who needs to apply for a Grant of Probate – or even if one is necessary at all can be too much for some people. Then, when you finally get to the selling stage after sometimes up to twelve months, the process can get rerouted right back to the start or even end up in court.

However, if you understand the legalities involved and hire the right people to guide you through the process, a probate house sale is not as difficult as it first seems. We are here to help you learn more about what probate is, how you apply for probate in Leeds, whether you can sell your property outside of probate.

What is Probate?

Probate is the legal and financial process of dealing with any assets that a person has when they die. In other words, it is administering the deceased person’s estate.

Probate looks at the deceased person’s property, money and possessions and deems who is legally in control of those now that person has passed away.

Part of probate is looking at the will of the person who has died (if they had one) and finding out who is legally supposed to now administer their estate (handling the deceased person’s legal and tax affairs).

If a will has been left and the next of kin or executor wants to sell, distribute, claim or transfer any of the deceased person’s estate they may have to apply for a Grant of Probate.

A Grant of Probate will then give them access to bank accounts, and sell that person’s assets as well as settle debts on behalf of the person who has passed away.

The deceased person’s will then dictates how the estate should be divided and who should receive what. If a person dies without a will, the law decides who will receive everything.

Dying without a will is called dying intestate. This means that the law must be followed to work out who inherits what via a detailed look at the person’s family tree.

With modern families including stepchildren and unmarried parents, following the law like this can create tension and difficulties when dividing up the estate.

If a will has not been left, a Grant of Letters of Administration is needed instead which works in much the same way as a Grant of Probate. The main difference is that when a person dies with a will, the Grant of Probate is given to the person the will dictates. When a person dies without a will, the Grant of Letters of Administration is given to the next of kin.

When is Probate Required?

Probate is usually required when the person who has passed away owned significant assets (+£20,000 in the bank) or had a property exclusively in their name.

Probate is also required if a financial institution has legally requested it.

Probate is not usually required if the deceased had joint ownership of a property or less than £20,000 in the bank as banks will usually release these funds.

If you are unsure if you need probate, the government helpline for Probate in the UK is: 0300 123 1072

How Long Does Probate Take

Probate can take over a year to complete in some cases. Occasionally, if the estate is small and simple it can take around six months.

The UK Probate Registry in 2023 was quoting a period of 16 weeks to process applications for a Grant of Probate.

You can check on the progress of your probate application through your solicitor or probate professional if you appoint one as they have access to the Probate Registry.

Can You Sell a House Before Probate?

A lot of people ask the question ‘Can you sell a house before probate’ and the answer is – no, if you need a Grant of Probate, you should not attempt to agree to the sale of your property in Leeds and go through with the sale until after probate has been granted.

You can sell a house before probate if you have joint names on the property, and do not need probate. In these situations, a sale is fairly simple to get underway, as long as the co-owner of the house shows the death certificate.

If a house is owned solely in the name of the person who has passed away, probate is needed.

If you require probate, you should not try to sell your home without it. It can lead to legal complications and potential liability.

Before you apply for probate you need to have the deceased person’s estate valued. You can then apply for probate in Leeds via telephone or post.

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Tips for Selling A House During Probate

A Probate house sale can come with a lot of red tape and hoops to jump through for the seller. Therefore, it can be off putting for the buyer. There are a few tips you can follow to try and make the house desirable to buyers, so they are more likely to make an offer.

Clean and tidy the house and gardens – it is understandable you might be unable to face doing this yourself after losing a loved one. There are companies you can hire to do it for you, or why not call on friends and family to help.
Repaint the house and surrounding fences – A lick of paint can freshen a place up for minimal outlay. It will leave the property feeling fresh and spruced up which can help you find a buyer more quickly.
Auction off household items or clear them out – Selling off some items can give more space to the property and allow potential buyers to feel like they would be able to put their own personal touches to the property should they make an offer. The spare cash can also help you.

Hire a solicitor to deal with your probate application so that conveyancing delays are limited. Conveyancers on both sides may cause delays to the process if the Grant of Probate is not obtained quickly or if the process starts to get complicated.
Try to keep an open dialogue with all those who will benefit from the estate and your solicitor. When someone dies, it is a difficult and emotional time for all involved, especially when adding the stress of a probate house sale. There are laws in place for if the person who has been given the Grant of Probate attempts to take the estate for themselves. They might also try to sell the property for well below market value. Family members or others who are to benefit from the sale of the estate can sue the person who holds the Grant of Probate.

How Can Sold.co.uk Help?

We at Sold.co.uk have experience dealing with Probate properties and Probate house sales in Leeds. We have experts in the field fully versed in Leeds Probate law, who are here to help you with selling your property in Leeds with as minimal difficulty as possible.

We understand that this process can be extremely emotional and want to offer you the most guidance we can, holding your hand every step of the way.

We help you with the process, and the law involved so that you can be assured you are following the processes correctly and not get into any unwarranted legal situations which can happen when dealing with Leeds Probate properties.

We make the whole process as clear and simple for you as we can, so that you can concentrate on what really matters.

You can contact us anytime to discuss the options we have for you, whether you have had Probate granted or are just looking for help and advice on the process involved with selling.

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