Does Probate have to be Filed before Selling a House?

How long does it take to get probate before you can sell your house?

A surviving joint owner will automatically receive full ownership of the property if there is one.

The house will not need probate if, for example, you decide not to live there anymore after your loved one passes away and you jointly own it.

If you are conducting an estate administration for someone who has died, if your parents separated but haven't remarried, or if another family member has passed away, you may need to ask this question.

To sell their house, do you need probate?

Despite the answer being yes, you are still capable of taking action.

Prior to having a grant of probate, the sale of the property cannot be exchanged or completed. You can, however, list the house for sale, view it, and even accept an offer without a probate grant. It's also possible that some estate agents will not advertise the house until you have a grant of probate, depending on your plans for selling the home. However, others may be willing to do so, so long as you can provide evidence that your will has been probated.

In the event of a probate property sale, are there any problems to be expected?

It is not necessary to add any additional complexities to those usually associated with selling a home as part of an estate.

There may be Inheritance Tax to pay before you can get a grant of probate, depending on the value of the property and who has inherited or will benefit from the sale.

Inheritance Tax may have to be paid by the estate once the property has been sold if the deceased did not have much cash or their wealth was tied to their property.

Can I sell the property without transferring ownership?



Unfortunately, no. The property is likely to be sold without any issues if you have the grant of probate that confirms your right to sell the estate. Upon completion of the sale, you will, however, need to provide the new owners with the original grant of probate or letters of administration.

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