Probate

Inheriting a property in the UK often brings emotions and responsibilities. At what is already a challenging time, you’re suddenly faced with legal formalities, property decisions, and financial considerations. Whether or not there’s a will in place, managing a deceased loved one’s estate can feel overwhelming—especially when you’re unsure where to begin.

At The Property Buyers UK, we’ve helped hundreds of families navigate this process easily, clearly, and compassionately. If you’re asking questions like “What is probate?”, “Do I need probate to sell a property?” or “How can I sell an inherited home quickly?” you’re in the right place. This guide provides a detailed, straightforward breakdown of probate property—designed for real people dealing with real circumstances.

What Is Probate?

Probate is the legal process that gives one or more people the authority to manage the estate of someone who has died. This involves confirming the value of their assets, paying off debts, handling tax matters, and ultimately distributing what remains to the rightful beneficiaries.

This legal authority is confirmed through a Grant of Probate when a valid will exists or a Grant of Letters of Administration if the departed passed away without one.

When Is Probate Needed for Property?

Probate is typically required if the deceased:

• Possessed property or land in their sole name
• Held bank accounts, savings, or investments over £5,000
• Had shares, business assets, or untapped life insurance policies

You may not need probate if:

• Assets were jointly owned (e.g. a home with a spouse)
• The estate is below the threshold of financial institutions (varies by provider)
• There’s little or no property involved

However, some banks and mortgage providers may still require probate regardless of the estate’s size.

Understanding the Probate Process: With and Without a Will

If There Is a Will

The executor in the will applies for a Grant of Probate. Once granted, the executor can legally manage the estate according to the deceased’s wishes.

If There Is No Will

This is known as dying ‘intestate’. A close relative—usually a spouse, partner, or child—can apply for a Grant of Letters of Administration. This person becomes the estate’s administrator, following inheritance laws to distribute assets fairly.

Why Probate Property Can Be Complicated

Probate involving property adds a layer of complexity. Common challenges include:

• Distance – Managing an inherited home from afar is time-consuming and costly.
• Time Sensitivity – Traditional estate agent sales can take months, and you may need faster access to the equity.
• Maintenance Issues – Unoccupied homes are prone to damage, deterioration, or vandalism.
• Emotional Toll – Clearing out a loved one’s home can be distressing and emotionally draining.

Your Options: Selling a Probate Property

Selling a probate property is often the most practical choice, especially if the beneficiaries don’t plan to live there. There are three common routes:

1. Traditional Estate Agents – This may offer the highest price but take the longest and involve fees and repairs.
2. Auction – Can work for unusual or derelict properties but has uncertain pricing and strict timelines.
3. Professional Cash Buyer (like us) – Fast, reliable sale without renovations or clearances.

Benefits of Selling to The Property Buyers UK

Choosing a trusted specialist in probate property offers several unique advantages:

• Quick Sales – We can complete purchases in 7–14 days.
• Guaranteed Offers – No broken chains or last-minute withdrawals.
• No Repairs Required – Sell your property ‘as seen’, even if it’s in poor condition.
• Legal Fee Support – We contribute up to £500 towards your legal costs.
• Dedicated Support – A personal case handler keeps you updated throughout.

Our service is tailored to meet the needs of those dealing with probate, combining speed with empathy.

Step-by-Step Guide to Applying for Probate

Here’s how to apply for probate in England and Wales:

1. Check Eligibility – Confirm if you’re the named executor or a qualifying relative.
2. Value the Estate – Calculate assets, including property, savings, debts, and possessions.
3. Report to HMRC – Declare the estate value and pay any inheritance tax due.
4. Apply for Probate – Submit your application online or by post with supporting documents.
5. Receive the Grant – You’ll have the legal authority to act once approved.

What Can a Probate Solicitor Help With?

While probate can be handled independently, using a solicitor can save time and reduce risk—especially for complex estates.

A solicitor can:

• Value the estate accurately
• Prepare and file inheritance tax returns
• Apply for the correct grant
• Sell property on your behalf
• Mediate between family members
• Distribute the estate legally

This is especially helpful when foreign assets, multiple beneficiaries, or business interests are involved.

Understanding Inheritance Tax (IHT)

As of 2024, inheritance tax is payable if the estate exceeds £325,000. The standard rate is 40% on the portion above this threshold. However, there are ways to reduce or eliminate this liability:

• Spousal Exemption – No tax if passed to a spouse or civil partner
• Charity Exemption – Donations to registered charities are tax-free
• Residence Nil-Rate Band – Additional relief if passing home to direct descendants

Our team can explain how these exemptions apply to your specific situation.

Key Probate Terms You Should Know

• Executor – The person named in a will to carry out the deceased’s wishes
• Administrator – Appointed when there’s no will to manage the estate
• Grant of Probate – Legal authorisation to deal with a will-based estate
• Grant of Letters of Administration – Used when there is no will
• Estate – All money, property, and possessions owned by the deceased
• Capital Gains Tax (CGT) – Tax on profit when selling inherited assets (though typically not due at death)

Let The Property Buyers UK Support You

Probate doesn’t need to be a drawn-out or confusing ordeal. At The Property Buyers UK, we’re here to simplify the process, relieve the pressure, and offer tailored solutions that match your timeline, goals, and emotional needs.

Whether you’re clearing out a family home or navigating complex inheritance matters, we’re ready to help. Our experience, professionalism, and empathy set us apart.

📞 Call us on 0800 0122334 or fill in our online Contact Form for a free, no-obligation consultation.

Explore our Inheritance Services for more in-depth guidance.

Frequently Asked Questions