An estate agent
Usually more money than other routes, because the house is shown to the whole market. The trade-offs are agent's fees, viewings in the property and the chance that a buyer's mortgage or chain falls through.
Sell a probate property calmly, at a pace that suits the family
If you are an executor or administrator and need to sell a probate property, we can buy the house directly. We are happy to talk things through and agree a price in principle while the grant is awaited, and nothing is signed until it has been issued. Our offer is below open-market value, there are no fees, we pay your legal fees, and you can take the time you need.
A direct sale for executors and administrators
Looking after a house after someone has died is rarely just a property matter. There are memories in every room, relatives with their own views and paperwork that seems to arrive in waves. We know that the house is often the last thing an executor wants to think about, which is why we try to make our part of it as simple and as quiet as we can.
Resolute Estate Solutions Ltd is a direct buyer. We buy homes with our own solicitors, and we never pass details on to anyone else. That means the personal representatives deal with one company from the first phone call to the day the keys are handed over. There is no marketing, no stream of viewings and no waiting to see whether a buyer's mortgage comes through.
We should be honest about the trade-off. A direct sale is not the right choice for every estate. An estate agent selling on the open market will usually achieve a higher price than we can offer, because our offers are below open-market value. What we offer in return is certainty, no fees, legal fees paid and a date for completion agreed with you rather than dictated by a chain. Some families decide that is worth it. Others prefer to market the house and wait, and we would never try to talk anyone out of that. You can read more about who we are and how we trade before you decide whether to speak to us.
Probate house buyers vary a great deal in how they work, and an executor selling a house to any of them should expect clear answers. Whoever you speak to, ask for the offer in writing, check the company's details at Companies House and make sure your own solicitor is involved from the start.
Agreeing a price while the grant of probate is awaited
An executor may well ask whether they can sell a house before probate. The honest answer is that the sale itself cannot happen until the grant has been issued, because until then nobody has the legal authority to transfer the property. GOV.UK puts it plainly: "You should not make any financial plans or put property on the market until you've got probate."
What we can do is talk. If it helps you to understand the options, we can explain how a sale to us works and how we would work out a price, so the family knows what to expect. We make a written offer, and contracts are exchanged, only once the grant has been issued. Your own solicitor will confirm what is appropriate for the estate. If you decide at any point that you would rather not go ahead, you simply say so. There is no cost and no awkwardness.
It is also worth knowing that not every house needs probate. Where the person who died owned the property with someone else as joint tenants, it passes automatically to the surviving owner, who registers the death with HM Land Registry using form DJP. A solicitor can tell you how the property was held if you are not sure. Our step-by-step guide to selling a house in probate explains the process in more detail, including who can apply for the grant when there is no will.
Our probate purchase from first call to completion
Every estate is different, but when executors sell a probate property to us, the shape of the sale is usually the same. You can pause or stop at any stage.
A first conversation
You call 0203 746 5656 or send us the address. We ask about the house, who the personal representatives are and whether the grant has been issued yet. We never ask about the family's circumstances beyond what the sale needs.
A viewing arranged around you
One of us visits the house at a time that suits whoever holds the keys. If no one can be there, we can talk about other arrangements. We look at condition and layout; we are not judging how the house has been kept.
A written offer
You receive a written offer with our Terms of Business, the timescales and an explanation of how we arrived at the figure. You can share it with the other executors and take as long as you need.
Solicitors instructed
The estate uses its own independent solicitor, and we pay the legal fees. If the personal representatives are happy for it to happen, our solicitor can start the searches while the grant is awaited. That commits nobody to anything.
Identity and title checks
Both solicitors carry out the usual checks on the grant, the title register and the identity of each personal representative.
Exchange once the grant is issued
When the grant of probate or letters of administration has been issued, contracts are exchanged, and the sale becomes binding on both sides.
Completion
On the agreed completion date, the money is sent to the estate's solicitor, and the keys are handed over. The house needs to be empty of people by then; the contents are something we discuss with you well beforehand.
You can read more about each stage of selling to us, including what happens at exchange and completion.
Documents we check when we buy from an estate
A home left empty after a death can be exposed to property fraud, so we check carefully. HM Land Registry lists empty and unmortgaged homes among those at greater risk, which is one reason we take the same care on every purchase. The checks protect the estate and the beneficiaries as much as they protect us.
- The grant. A sealed grant of probate, or letters of administration where there was no will.
- Every personal representative. The law says a contract to sell land needs the agreement of all the personal representatives (Administration of Estates Act 1925, section 2). Where probate was granted to only some of the named executors, those executors can act alone.
- Identity. Photo identification and proof of address for each personal representative who signs.
- The title. Fresh official copies of the title register, so we know exactly who is registered as owner and whether any charges are recorded.
- The estate's solicitor. We check the firm on the Solicitors Regulation Authority register, and the purchase money is only ever paid to the estate's regulated solicitor, never to an individual.
Personal representatives do not need to register themselves as owners before selling. HM Land Registry accepts a copy of the grant, or a conveyancer's certificate, when the sale is registered. You can read more about our identity and fraud checks and why we ask for each document.
The contents, keepsakes and clearing an estate's house
Clearing a parent's or relative's home is often the hardest part of the whole process. It is also the part people most want to do in their own time. We never ask families to rush it.
Before anything is agreed, we talk about the contents. Some families want to take everything. Others take the photographs, papers and keepsakes and would rather not deal with the rest. If you would prefer to leave the contents, tell us when we first speak so that it can be reflected in the written offer; we would rather agree it clearly at the start than raise it late on.
A few practical points for executors:
- Look for paperwork before anything is cleared: deeds, warranties for boilers or windows, building control certificates and any correspondence about the property.
- Keep a note of valuable items, because the estate may need to account for them.
- Take meter readings on the day you first visit and tell the suppliers the property is empty.
Our checklist for looking after an empty house covers insurance, security and winter precautions in more detail.
Council tax and running costs on a house in probate
An empty house still costs money to hold, even while the estate is being administered. Council tax, insurance and utility standing charges carry on, and the rules vary by council. Always check with the local council, because the details depend on where the property is and how long it has been empty.
| Nation | What the official guidance says |
|---|---|
| England | If the property stays empty, no council tax is payable until probate is granted. After the grant, an exemption of up to 6 months can apply while it stays empty and in the deceased person's name. The long-term empty premium also cannot be charged for up to 12 months from the grant (GOV.UK: second homes and empty properties). |
Insurance is the other cost to watch. Many household policies change their cover once a home has been unoccupied for a set period, so tell the insurer the owner has died and the property is empty. There is more on the English rules on our page about council tax on empty homes.
Probate house buyers, estate agents and auctions compared
There is no single right way to sell an estate's house. These are the main routes, described as fairly as we can.
An auction
At a traditional auction, contracts are usually binding when the hammer falls, which suits some estates. There are auction and buyer's fees to consider, and the price depends on who turns up on the day.
A direct buyer like us
A written offer, no fees, legal fees paid and one buyer to deal with. The price is below open-market value, and it is only worth considering if certainty matters more to the estate than the last pound.
Passing the house to a beneficiary
Sometimes the right answer is not to sell at all. A solicitor can transfer the property to a beneficiary, usually with form AS1, if that is what the will or the family wants.
Our comparison of estate agents, auctions and direct buyers goes into more detail, and the page on how we work out our offers shows exactly how our figure is reached, including comparable sales and our own costs and margin. If the house needs major repairs, our page on homes that need major work may also help.
When the executors are also the beneficiaries
In many families the executors and the people who inherit are the same brothers, sisters or children. That can make decisions easier, or it can mean several people need to agree before anything moves forward. We are happy to speak to each executor, send the written offer to all of them and answer questions from anyone involved. Nobody is asked to decide on the spot.
If the estate has already been administered and the house has passed to the beneficiaries, the position is a little different, and our page on selling a house you have inherited explains it. If you are weighing up how to sell the probate property and would like us to look at it and give you a figure, you can send us the property details or call 0203 746 5656. If anything about our service ever falls short, our complaints procedure sets out how we put it right.
Questions executors ask about selling a probate property
Can we start selling the house while we wait for probate?
The sale cannot be completed, and contracts cannot be exchanged, until the grant has been issued, and GOV.UK advises against putting property on the market until you have probate. While you wait, we are happy to explain how a sale to us would work so the family can plan. Your solicitor will advise what is appropriate for the estate.
Do all the executors need to agree to the sale?
Yes. In England, all the personal representatives who hold the grant need to join in the contract and the transfer. If probate was granted to only some of the executors named in the will, those executors can act without the others. We send the written offer to each of them.
Will your offer be lower than an estate agent could achieve?
Usually, yes. Our offers are below open-market value because we take on the resale and the risk. In return, there are no fees, we pay your legal fees, and nothing depends on a chain of other sales. Some executors prefer to sell the probate property on the open market, and that is a perfectly sensible choice.
Do we have to clear the house before you buy it?
Not necessarily. We talk about the contents at the start. Families usually take personal items and anything of value, and if you would rather leave the remainder, we agree that in writing before you accept the offer.
Which solicitor does the estate use?
The estate uses its own independent solicitor, often the firm already dealing with the probate application. We pay the legal fees for the sale, and nothing is deducted from the proceeds.
Could the offer change after we accept it?
Only if something new and material comes to light that we could not have known at the viewing, such as a serious structural defect found by a survey. If that happens, we show you the evidence and explain any change in writing. You are free to say no.
Page last reviewed on by the Resolute Estate Solutions team.