My Parent Has Just Died, How Can I Sell Their House As It Is Now Empty?

This is a question we are often asked at Willsons Solicitors.  The second parent dies, the former childhood home remains empty and for practical reasons it is best to sell the property sooner rather than later.

It is vital on someone’s death that the executors obtain Probate as you have no legal authorisation to sell a property before Probate is granted, unless your name is already on the title deeds.

Probate can take several months to obtain and although you can put the property on the market for sale before Probate you cannot complete a sale without Probate so it is important that you make the Estate Agents and your Solicitors aware at the time of placing the property on the market that you do not have Probate at that stage.

The situation is even more complicated if there is no Will as in those circumstances the house cannot even be placed on the market until a grant of letters of administration has been obtained.  Letters of administration is the equivalent of probate where there is a Will.  

If you do not make the Estate Agents or your Solicitors aware then this can hold up a sale.

When selling the property via Probate, as a seller you only have limited title guarantee.  Buyers Solicitors will be made aware of this.

There is no legal obligation upon you to renovate or improve the property as the property is being sold as seen and it is up to the buyer to obtain a survey and carry out their own investigations.