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Buying or Selling Property from a Deceased Estate? Read this First

September 27, 2019 By Richard Farrell

A young couple popped by the other day looking quite distraught. They had signed an agreement with a little old lady to purchase her house. All was looking good and they were ready complete when they learned she passed away unexpectedly.

“Can we still buy our house,” they asked. “We are itching to get in and start fixing it up!” We assured them they had a valid contract that the estate was bound to complete.

However, there would definitely be a delay while the executor waited for their grant of probate allowing them to sign the papers. This could take weeks or even months depending on whether there was a will and how complicated this was.

What If You Are an Executor Caught in This Bind

An executor is responsible for winding up a deceased estate by following what is in the late person’s will. If there is no legal will, then they must distribute the assets according to the laws of succession.

Whatever the case, you cannot simply jump in and get on with it. The government holds all the keys until they give you permission by issuing a grant of probate. In essence, this is a certificate confirming that:

# The will is true and valid

# the executor may implement it

Where there is no will – or at least no legal will in evidence – then the court will issue letters of administration instead. These confirm the executor may distribute the proceeds according to the laws of succession. In the case of our young couple this means they may go ahead and complete the sale.

However, Unfortunately Getting Probates Take Time

Do not underestimate the hassle and time obtaining a probate takes. Everything must be ‘just so’ in terms of the paperwork especially since the government computerized, and out-sourced the process. This is not a good opportunity to attempt a DIY. Even the best solicitor may take months.

# Step 1: Value the Property

You can’t sell the property for any amount you consider fair. An executor would need to get a proper valuation even in the case of the young couple. If the agreed price was less that the average of three estate agent valuations – or a surveyor’s appraisal – then that could take at least another article to explain.

# Step 2: Check the Title or Obtain the Deeds

You also have to prove the property actually belongs to the estate. If you are lucky, the deceased registered their rights with the land office. Unfortunately, this may be not be the case out in the countryside or in a small village.

In the latter case you have to find the paper title deeds by visiting the deceased’s bank, or turning their house upside down. We will be following up with a separate article about the lack of title soon.

# Step 3: Have a Solicitor Check for Restrictions and Defects

And finally, do be careful about ‘rubber stamping’ the sale of a property that has restrictions you should have looked for. Remember, as executor you may be liable for compensation where you were wilfully negligent.

However, if everything checks out and the solicitor is happy, you may be able to agree to a sale within reasonable timescales. Bear in mind the buyer will expect vacant occupation. This means you have to clear the clutter, and any hoards you discover when you enter the basement.

Related

Filed Under: Probate House Clearance Tagged With: buying a property from a deceased estate, checking title deeds for true ownership, death during house sale agreement, probate house clearance, probate valuation

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Imogen
Aug 3, 2022
 by Imogen on Avery Associates
Professiuonal House Clearance

Dear Jeffrey I want to extend a heartfelt thank to you and your team for the hero’s work that you all did yesterday at the house in Highbury. You... Read More

Anne Wenham
Jul 26, 2022
 by Anne Wenham on Avery Associates
Fantastic service

So pleased to have found Avery Associates when we had to clear a three floor town house. The probate valuations for house and contents were swiftly ... Read More

Margaret Campbell
Jun 24, 2022
 by Margaret Campbell on Avery Associates
Amazing Service and Support

Hello Pam / Jeffrey, As requested, sorry it is late …. I forgot☹️ I used Avery Associates for probate content valuation, clearance... Read More

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Tel: 0800 567 7769 or 0208 640 0044

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