When someone dies leaving a property, their family may face several difficult decisions.

Should the house be sold? Can an estate agent be instructed? What happens if a buyer is interested but probate has not yet been granted?

Richmond Wills & Probate explains the main considerations for families dealing with property as part of an estate in England and Wales.

What is probate?

Probate is the process through which the appropriate person obtains formal authority to administer an estate.

Where someone left a valid will, the executor may need a grant of probate. Where there is no will, an eligible person may need letters of administration. Not every estate requires a grant.

Can you sell a house before probate is granted?

Where a property forms part of an estate and a grant is required, completion of the sale will generally need to wait until the appropriate grant has been issued.

Government guidance advises people not to put property on the market until they have probate.

Families may still wish to obtain valuations and seek professional advice while preparing an application.

Investigating a possible sale is different from having legal authority to complete it. Ownership, the will and the estate's circumstances all matter.

Does probate always apply to jointly owned property?

No. If a home was owned as joint tenants, the deceased person's interest will normally pass automatically to the surviving owner.

If it was owned as tenants in common, the deceased person's share forms part of their estate and passes under the will or intestacy rules.

Confirm legal ownership before making plans.

What if the property is empty?

An empty home can create responsibilities before the estate is ready to sell.

Someone may need to check insurance, security, utilities and maintenance.

Insurance conditions can change when a property becomes unoccupied. The personal representative should keep records of relevant costs and act within their authority.

How is a property valued for probate?

The estate normally needs a date-of-death property valuation for probate and Inheritance Tax reporting.

A professional valuation may be appropriate. The value reported for the estate may differ from the eventual sale price, and a later gain can create Capital Gains Tax considerations.

What if beneficiaries disagree about selling?

One beneficiary may want to keep a family home while another would prefer a sale.

The executor or administrator must follow their legal duties and the will or intestacy rules, rather than simply the wishes of one beneficiary. Early professional advice can clarify the options.

What happens after probate is granted?

Once the necessary authority is in place, the personal representative can progress the sale.

This may involve an estate agent, conveyancer, buyer enquiries, transfer documents and accounting for proceeds.

HM Land Registry may require evidence of the grant to register the transfer.

Sale proceeds form part of estate administration and remain subject to liabilities, expenses, taxes and beneficiaries' entitlements.

How can families avoid unnecessary delays?

Locate the will and property records; confirm how the property was owned; identify the personal representatives; obtain valuations; check probate and tax requirements; keep beneficiaries informed; and seek advice before committing to a transaction. Each estate has its own timetable.

Probate and estate administration in Twickenham

Richmond Wills & Probate supports families in Twickenham, Teddington, Richmond and surrounding areas with probate and estate administration.

If you are unsure whether a grant is needed or what happens next, the team can explain the practical steps.

Find out more about probate at https://richmond-wills-probate.com/probate/.

Richmond Wills & Probate is a sponsor of Twickenham Nub News, without our sponsors, our Twickenham online newspaper would not be possible. Thank you.

This article is general information about England and Wales. Ownership, estate authority and tax treatment vary; obtain professional advice where appropriate.