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Selling A House That Someone Died In?

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Selling a house where someone has died can be a complex and emotional process. It’s a situation many people will face at some point in their lives, and it’s essential to understand the legal and practical implications involved.

In this article, we’ll guide you through the process of selling a house where someone has died, addressing common concerns and questions that arise during this challenging time.

Table of Contents

Understanding the Legal Process

When someone dies, their estate, including their property, must go through probate. Probate is the legal process of settling the deceased person’s estate, which includes paying off debts and taxes and distributing assets according to their will or the laws of intestacy.

The executor of the estate, usually a family member or a solicitor, is responsible for managing the probate process.

Selling a Probate Property

During probate, the property cannot be sold until the grant of probate has been issued. This document gives the executor the legal authority to manage the estate, including selling the property.

The sale of the property is typically handled by the executor, who will work with an estate agent to market the property and negotiate offers.  The executor can also opt to sell an inherited property privately for speed.

Capital Gains Tax (CGT)

When selling a property that was inherited, there may be Capital Gains Tax (CGT) implications. CGT is a tax on the profit made from selling an asset, such as a property.

The tax is calculated on the difference between the sale price and the original purchase price or the probate value. There is an annual CGT exemption in the UK, and any gains above this threshold are subject to tax.

Selling a house that someone died in
In the UK, there is no legal requirement to disclose a death that occurred in a property to potential buyers.

Do I need to disclose the death to potential buyers?

It’s essential to be transparent and honest when selling a property where someone has died. Failure to disclose this information could lead to legal issues or even the sale being voided.

Practical Considerations

Selling a house where someone has died can be an emotional and challenging experience. It’s essential to consider the following practical aspects:

  • Cleaning and clearing the property: The property may need to be cleaned and cleared of personal belongings before it can be sold.
  • Repairs and maintenance: The property may require repairs or maintenance to make it saleable.
  • Estate agent fees: The executor will need to pay estate agent fees, ranging from 1% to 3% of the sale price.

Deciding Between Best Price Or Certainty of Sale

When it comes to selling your house, you have a few options. You could go the traditional route and list with an estate agent. Or, you could consider a more modern approach and sell directly to a cash-buying company like Property Saviour.

You may get the best price with an estate agent. However, there’s no guarantee that the sale will go through. Expect a few abortive sales and delays.

With us, we will buy the property with certainty.  However, as you’d expect, we are in business to make a profit, so you won’t get the full market value.

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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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