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Probate Sales & Purchases Legal Services

Generally speaking, the sale of a probate property will come with challenges for both the buyer and the seller of the property. In regards to the buyer, their complexity comes with the uncertainty of the information that has been provided as the executors are usually completing the paperwork and may not have lived at the property, not to mention the potential for delays. Regarding the seller, it tends to be the difficulty of accessing the Grant of Probate or Grant of Letters of Administration, valuing the property and the handling of the sale of a property that never belonged to them.

Grant of Probate: the seller

When it comes to the handling of a probate sale, you will be required to get the authority to do so first via a Grant of Representation (also commonly referred to as Grant of Probate) if you’re an executor and there is a will, or via a Grant of Letters of Administration if you’re an administrator and there was no will left behind (this is called an intestate). The application to be able to receive a grant, regardless as to whether you have a will or not, is the same and can take a long time. You will not be able to sell the property without this Grant and therefore it is a good idea to start this process as early as possible.

Grant of Probate: the buyer

Unfortunately, as a buyer, you will have no ability to affect the speed at which the application and grant are being processed, therefore, it is imperative that you understand the legal process so you can make plans accordingly. We highly recommend that you ask the seller if they have Grant of Probate as soon as possible – if they say yes, then you don’t need to worry about any delays, however, if they answer no, you should then ask if they have made an application to the Probate Registry.

From beginning to end, the process of selling or buying a probate property is not straightforward and can be very time consuming and therefore, it is highly likely that you will need some support. Our team of Residential Property Solicitors has the expertise and most up-to-date knowledge when it comes to probate sales and purchases, and therefore we can guarantee you that you will be in safe hands. To get a quote, complete our online form today.

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