Do you need a Grant of Probate to sell a property when a loved one passes away?

Do you need a Grant of Probate to sell a property when a loved one passes away?

Whether you need a Grant of Probate to sell a property when a loved one passes away can be a complicated question. The answer is that it depends on how the property is owned.

Sole Owners

If the property is owned solely, a Grant of Probate will be required. The Grant of Probate gives the executor(s) the authority to administer the estate as per the terms of the Will. The property can be put on the market but in most circumstances, you will not be able to exchange contracts until the Grant of Probate is issued.

Joint Owners

If there is a joint owner, it will depend on whether the property is owned as tenants in common, or as joint tenants.

Joint Tenants means that the owners own the entirety of the property together. This type of ownership is common amongst couples. In this scenario, the ownership is automatically transferred to the joint owner and they should be able to sell the property without a Grant of Probate. However, paperwork will still need to be submitted to the Land Registry to remove the deceased’s name from the title deeds.

Tenants in Common means that each owner owns a clear share of the property. This could be in any percentage, but is often 50% each. Owning a property in this way means that the deceased’s share will not automatically pass to the joint owner as it will pass through their estate and be distributed in accordance with the terms of their Will. A property may be owned as Tenants in Common in many situations such as if there are trusts in the Will or if a property is owned between friends or siblings and they do not want the property passing to the joint owner on their death. A Grant of Probate will usually be required before the property can be sold in this situation.

Contact us

If you need to sell a property after the loss of a loved one, please contact our Probate team. Our dedicated team can assist you with the administration of the estate and our conveyancing team can deal with the sale of the property if you wish.