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A Complete Guide to Selling a Deceased Person’s Property

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Dealing with a loved one passing away is an emotionally tough experience, and inheriting their property adds more complexity to an already difficult situation.

If you need to sell a deceased person’s house or property, this comprehensive guide will walk you through the entire process of selling a deceased parent’s home.

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The Complete Guide to Selling a Deceased Person's Property

The first step is obtaining a Grant of Probate – the legal document giving you the authority to handle the deceased’s estate and assets, including selling property. The probate process involves:

  1. Finding the will and identifying who the executor(s) are
  2. Applying for probate by providing details of assets and liabilities
  3. Paying off any debts, taxes like Capital Gains Tax and Inheritance Tax
  4. Distributing what’s left of the assets according to the will.

Can you sell a deceased person's house without probate

No.  Unless you own the property jointly with the deceased; otherwise, you will need to apply for a Grant of Probate if there’s a will or a Letter of Administration if there’s no will.

How to sell property of deceased person?

Once probate is granted, you’ll need to get the inherited property ready for listing by:

  • Clearing out all personal belongings
  • Make any necessary repairs without starting to rip out kitchens or bathrooms!
  • Ensuring the whole property looks presentable

 

You may need to cover these preparation costs upfront yourself and then claim the money back from the sale roceeds later.

But you don’t have to! You can sell the property ‘as is’ with a free house clearance. More on that later.

Selling a deceased person's property
Preparing sale of deceased parents home: it is easy to get carried away with a full on refurbishment and before you know it, you have a building site.

Getting the Property Valued

To properly deal with the estate and calculate any Inheritance Tax owed, you’ll need to get a formal property valuation done. Options include:

  • Getting local estate agents to do market appraisals (average of 3 for accuracy)
  • Hiring a professional chartered surveyor for a valuation report (recommended for high-value/unusual properties)

 

Having a solid valuation can back up your case if HMRC questions the value for Inheritance Tax purposes.  Be careful not to over-value the property otherwise, you will end up with a huge inheritance tax bill.

Understanding Taxes and Fees Involved

When selling an inherited property, there are several taxes and fees to factor in:

 

Tax/FeeDetails
Capital Gains Tax
  • Payable on any increase in the property’s value since the deceased bought it
  • The tax rate is 18% for basic rate taxpayers and 28% for higher/additional rates.
  • Reliefs like the main residence and letting relief can reduce the taxable gain.
Inheritance Tax
  • Payable if the total estate value exceeds the nil-rate band (£325,000 for 2023/24).
  • Tax is charged at 40% on the value above the nil-rate band.
  • Reliefs like spousal exemption can reduce the bill.
Probate Fees
  • £273 in England & Wales for estates over £5,000.
  • Higher fees for larger estates.
Legal Fees
  • Conveyancing fees are around 1-3% of the sale price + VAT.
  • Probate solicitor fees, if you use one, are often charged hourly.
Estate Administration Fees
  • If using a professional estate administration service, fees can be 2.5-5% of the estate’s value.

The Process of Selling a Probate Property

The typical steps involved in selling a property that’s gone through probate include:

  1. Confirm Ownership: Check land registry records to confirm that the deceased was the legal owner. Sort out any issues like missing or incorrect documents.
  2. Understand Co-Ownership: If the property is owned jointly, establish whether it was a joint tenancy (which passes to other owners) or a tenancy in common (which is part of the estate).
  3. Provide Probate Grant: Give your solicitor the probate document as proof you can sell the property.
  4. Pay Debts and Taxes: Use funds from the estate to pay off any debts, Capital Gains Tax, Inheritance Tax, etc.
  5. Market and Sell: Work with an estate agent or solicitor on marketing the property and negotiating offers.
  6. Exchange Contracts: Your solicitor handles the legal conveyancing up to exchanging contracts.
  7. Complete Sale: After the exchange, the sale completes on an agreed future date when ownership transfers.
  8. Distribute Proceeds: After-sale costs, distribute what’s left of the money according to the will.

Can you sell a property of a deceased person?

Want us to help you expedite the process of selling a deceased person’s property and avoid the hassle of preparing an inherited property for sale? Consider selling to Property Saviour:

  • We can agree to buy the property before it’s granted
  • We are cash buyers with no mortgage delays
  • No estate agents or surveys to deal with
  • Guaranteed price with no last-minute reductions before the exchange
  • £1,500+ contribution towards your legal fees
 
Sell a deceased person’s property effortlessly, without any drama to us.

We provide a simple, hassle-free way to sell an inherited property quickly during a difficult time. Sell a deceased property without the stress. 
We’re here to guide you through every step of the way.

Sell with certainty & speed

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Property Saviour Price Promise

  • The price we’ll offer is the price that you will receive with no hidden deductions.
  • Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
  • These valuations or surveys result in delays and price reductions later on.
  • We are cash buyers.  There are no surveys.
  • We always provide proof of funds with every formal offer issued.
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We'll Pay £1,500 Towards Your Legal Fees

  • No long exclusivity agreement to sign because we are the buyers.
  • You are welcome to use your own solicitor. 
  • If you don’t have one, we can ask our solicitors for recommendations.
  • We share our solicitor’s details and issue a Memorandum of Sale. 
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  • Our approach is transparent and ethical, which is why sellers trust us.
  • 100% Discretion guaranteed. 
  • If you have another buyer, you can put us in a contracts race to see who completes first.
  • Complete in 10 days or at a timescale that works for you.  You are in control.
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