Buy a Property Before or During Probate

Buying a probate property can often be the answer to getting the home of your dreams for a great deal. Generally, probate properties offer better value for money but the drawback is that they usually require updating, if not more comprehensive refurbishment, and the legal process can take longer to complete.  



Probate properties aren’t always available for sale on the open market.   Indeed, they are often quietly available through agents and some may not be officially for sale until the executors have secured the authority to sell the property.  That said, there are online companies and local estate agents that handle probate properties for sale.  Whether you can buy a probate property during the probate process or before, is down to the circumstances of the deceased’s estate, and the beneficiaries.

What is a probate property?

Firstly, let’s just clarify exactly what a probate property is.  It is a property formerly owned by a deceased person and is part of their estate.  The executors and/or beneficiaries are not allowed to sell the property until the legal probate process has been completed and they have been given the authority to do so by the court with a Grant of Probate. The same applies to buying a probate property; until a Grant of Probate has been given and the beneficiaries have the authority to sign the necessary paperwork, the property is not on the market.

However, there is an exception to this rule.  If the spouse of a deceased partner inherits the property and it is in their joint names on the Title Deeds, they are entitled to sell it before they have received a Grant of Probate.  


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Location: United Kingdom

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