# A Guide to Selling a Probate or Inherited Property

## Introduction
Losing someone close to you is never easy, and dealing with their property can feel overwhelming on top of grief. This guide is here to help you understand the process, step by step, so you can make informed decisions at your own pace.

## What is Probate?
Probate is the legal process of dealing with someone's estate after they die. If there's a will, the named executor applies for a **Grant of Probate**. If there's no will (intestacy), the next of kin applies for **Letters of Administration**.

## Step-by-Step Process

### 1. Obtain the Grant of Probate / Letters of Administration
- Apply through the Probate Registry (online at gov.uk or by post)
- You'll need: the death certificate, the original will (if there is one), and an estimate of the estate's value
- Processing time: typically 8–16 weeks
- You cannot legally sell the property until the grant is issued

### 2. Secure and Insure the Property
- Change the locks if necessary
- Notify the home insurance provider — an empty/unoccupied property may not be covered under standard policies
- Arrange specialist empty property insurance if needed
- Keep the heating on low to prevent damp and frozen pipes
- Redirect post to the executor's address

### 3. Get the Property Valued
- **For probate (HMRC):** You need a valuation at the date of death for Inheritance Tax purposes. This can be an estate agent's market appraisal or a formal RICS valuation.
- **For sale:** A current market appraisal from an estate agent. These may differ if time has passed since the death.
- If multiple beneficiaries disagree on value, consider a RICS Red Book valuation (independent, formal).

### 4. Understand Inheritance Tax (IHT)
- **Nil-rate band:** £325,000 per person (estate pays 0% IHT below this)
- **Residence nil-rate band:** Additional £175,000 if the home is passed to direct descendants (children, grandchildren)
- **Transferable allowances:** If the deceased was widowed, their late spouse's unused nil-rate bands may be transferable, potentially doubling the threshold
- **IHT rate:** 40% on the estate value above the nil-rate bands
- **Seek specialist tax advice** — IHT is complex and there are legitimate reliefs and exemptions

### 5. Decide: Sell, Let, or Keep
- Consider all beneficiaries' wishes
- Tax implications: Capital Gains Tax (CGT) may apply if the property increases in value between the date of death and the date of sale
- If keeping: one beneficiary may buy out the others at market value
- If letting: you become a landlord with all associated legal obligations

### 6. Selling the Property
- The executor(s) or administrator(s) act as the seller
- Instruct an estate agent and a solicitor experienced in probate sales
- The property may need clearing, cleaning, or minor works before marketing
- Be realistic on pricing — probate properties are often sold in "as seen" condition
- Buyers may expect a discount for the condition; your agent will advise on pricing strategy

## Important Notes
- **Power of Attorney:** Not relevant after death. The executor/administrator acts on behalf of the estate.
- **Multiple executors:** All must agree to the sale (or one can be authorised to act with the others' consent)
- **Empty property council tax:** Some councils charge a premium on long-term empty properties (up to 300% after certain periods)
- **Timescales:** Be patient. Probate sales can take longer than standard sales due to the grant process, multiple beneficiaries, and property condition.