🏁 Facing Probate: What to Expect
When someone dies owning property, the process of managing their estate is called probate (or administration if there is no Will). The journey can take several months and involves legal paperwork, possible tax calculations, and decisions about the property. Key decision points include:
• Whether you need probate at all
• How to deal with the property – sell, keep, or transfer
• How to manage costs and timelines while meeting legal duties as executor/administrator
🔍 The Probate & Property Journey – At a Glance
1. Register the Death → 2. Locate the Will → 3. Check if Probate is Needed → 4. Value the Estate → 5. Handle Inheritance Tax (IHT) → 6. Apply for Probate/Administration → 7. Prepare Property → 8. Market Property (optional) → 9. Complete Sale or Transfer → 10. Distribute Estate
📘 Key Terms Explained
• Probate – The legal process of proving a Will is valid so the executor can deal with the estate.
• Grant of Probate – Official document confirming the executor’s authority to act.
• Letters of Administration – Similar to probate but issued when there is no Will.
• Executor – Person named in the Will to handle the estate.
• Administrator – Person appointed when there is no Will.
• Estate – Everything owned by the deceased at death.
• Beneficiary – Person entitled to inherit from the estate.
🏠 If You’re Not Selling the Property
You may decide to keep the property in the family or transfer it to a beneficiary. This still requires probate (unless property passes automatically to a surviving joint owner). If keeping the property:
• Arrange transfer via Land Registry after probate.
• Ensure any mortgage is paid or refinanced.
• Consider insurance, maintenance, and Council Tax implications.
• If renting, comply with landlord legal obligations and taxes.
Step 1: Register the Death
⏱ Timeframe: Same day – 1 week
💷 Cost: Free; death certs £11 each (buy 5–10)
Register at local Register Office with medical certificate and deceased’s details. Death certificates are needed for probate, banks, insurance, and asset transfers.
Step 2: Locate the Will
⏱ Timeframe: 1–3 days
💷 Cost: £0–£50
Search personal papers or contact solicitor/storage service. Will = executor applies for probate; No Will = Letters of Administration.
Step 3: Check if Probate is Needed
⏱ Timeframe: 1–3 days
💷 Cost: £0–£150
Sole ownership → probate likely needed. Joint tenants → passes automatically. Tenants in common → probate needed for deceased’s share. Other assets (savings, investments) can also require probate.
Step 4: Value the Estate
⏱ Timeframe: 3–10 days
💷 Cost: £0–£600
Get estate agent or RICS valuation. Needed for HMRC and probate forms.
Step 5: Handle Inheritance Tax (IHT)
⏱ Timeframe: 2–4 weeks
💷 Cost: Forms free; Tax 40% above threshold
Fill IHT205 or IHT400. Pay within 6 months of death (interest after). If no tax due, note that in forms. Payment can often be made directly from deceased’s accounts before probate.
Step 6: Apply for Probate or Letters of Administration
⏱ Timeframe: 8–20 weeks online; 12–24 post
💷 Cost: £273 + copies £1.50; legal help £750–£3,000+
Submit death certificate, Will (if any), IHT forms, valuations. Apply via gov.uk.
Step 7: Prepare Property for Sale
⏱ Timeframe: 1–2 weeks
💷 Cost: £500–£2,000+
Clear belongings, clean, arrange vacant property insurance.
Step 8: Options to sell
If selling on the open market:
⏱ Timeframe: Unknown time to get offer accepted, 3 months minimum for conveyancing
💷 Cost: Agent 0.75–1.5%; Online £999–£1,499; Auction £0–£500 + 2–3%
Can list before probate is granted; can accept offers but must tell buyers there will be a delay until probate is issued.
If selling via auction:
⏱ Timeframe: Auctions operate every 30 days, approximately 30 days for exchange and completion
💷 Cost: Auction dependant, buyers are charged a fee
If selling to a private buyer:
⏱ Timeframe: Offer can be accepted immediately. Completion can be in as little as 2 days.
💷 Cost: No cost incurred and legal fees may be paid by buyer
Step 9: Complete the Sale or Transfer
⏱ Timeframe: Selling on the open market will be a 3 month completion, selling privately can be a 2 day completion
💷 Cost: Solicitor £750–£1,500; Land Registry £200–£500
Legal sale process begins after probate. If transferring, complete Land Registry process.
Step 10: Distribute the Estate
⏱ Timeframe: 2–12 weeks
💷 Cost: £300–£1,500+ (if professional help)
Pay debts/expenses, retain funds for final bills, make interim or final distributions. Executors must keep accounts for beneficiaries.
🏡 Property Options During Probate – Pros & Cons
• Sell on open market – Opportunity to achieve market value; slower; needs buyer patience.
• Sell at auction – Fast (4–8 weeks); certain timescale; price may be lower.
• Sell to cash buyer – Very fast (1–4 weeks); will be below market value.
• Transfer to beneficiary – Keeps in family; needs probate and Land Registry update; possible CGT on later sale.
• Retain as investment – Ongoing income; requires compliance with rental law; landlord responsibilities.
⚠️ Delays, Disputes & How to Manage Them
• Will challenges or family disputes can pause probate for months or years.
• Missing documents or incomplete IHT forms cause delays.
• HMRC queries on valuations can extend process.
Tips: Keep buyers updated; use interim agreements; have backup buyers; keep paperwork complete.
💡 Keeping Buyers Engaged During Probate Delays
• Be upfront about expected timeline.
• Provide regular progress updates.
• Use a reservation agreement to secure commitment.
• Offer flexibility on completion date.
📌 Before You Start – Check Your Authority:
Only the executor named in the Will or the administrator appointed when there is no Will has legal authority to manage the estate. You must have this authority before signing contracts, transferring property, or making major financial decisions on behalf of the estate.
🆚 DIY Probate vs Using a Professional
DIY Probate
Cost: £273 + small expenses
Time Commitment: High – you handle all forms, calls, and deadlines
Level of Control: Full
Best for: Simple estates, people confident with paperwork
Professional Probate (solicitor):
Cost: £750-£3,000+
Time Commitment: Low - solicitor manages entire process
Level of Control: Shared
Best for: Complex estates, disputes likely, people without the time to go the DIY route
📞 Where to Get Help & Support
• HMCTS Probate Helpline – 0300 303 0648 (England & Wales)
• HMRC Bereavement Helpline – 0300 200 3300 (Inheritance Tax queries)
• Citizens Advice – Free advice on probate and property
