How To Sell A House When Someone Has Died
Conveyancing Posted 21 April 2025Losing a lost one is a horrendous time for anyone. However, in all that emotion, there is also the stress of knowing what to do with their house. If you are struggling with the loss of a loved one while trying to understand how to sell a house when someone has died, we are here to help. Feel free to read our guidance and advice below or call our conveyancers in Peterborough who will happily talk you through the process to sell a house when someone has died.
The first step is to find out if the person had a Will. If so, does it state what they would like done with their property. There will be a listed executor. It is their responsibility to collect and value any assets. They will then pay off any debts or inheritance tax. This has to be done before the estate can be distributed in accordance with what has been laid out in the will.
Whether the house needs to be sold or not will depend on the beneficiaries and their wishes. There are times when the beneficiaries will want to jeep the property. In which case it will be transferred to them and the property will not be sold.
If the property has been registered that a copy of the Title Register can be downloaded from the Land Registry. This can be done electronically. However, if the property has not been registered the original Title Deeds will need to be located. They will often be found within a safe place at the property. They may also be held by the solicitor of the deceased person.
You may also come across something called a Grant of Probate. This will be needed before the property can be sold if the deceased person was the sole owner of the property. However, if the deceased person owned the property jointly with someone else and they survived them, legal clarification will be needed.
There are also cases where a property is held as Joint Tenants. In situations like this the share of the deceased person will automatically pass to the surviving joint owner. If, however, a property is held as Tenants in Common, the share of the deceased person would go to the beneficiary as started in the Will. There may also be Rules of Intestacy that need to be considered.
Here at Burgh Thorpe Solicitors, our conveyancing team understand how upsetting it can be to lose a loved one. Adding the stress of dealing with probate and more can be too much for a lot of people. Why not call our conveyancing solicitors in Peterborough to see how we can help you manage this upsetting and stressful process?
