How Can You Buy Probate Property During Or Before The Probate Process?

What is a Probate Property?

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.

The executors of the will and/or beneficiaries can put the property on the market, once the evaluations have been completed for tax purposes, before the Grant of Probate. They can even accept offers; the drawback is that the sale cannot be completed until a Grant of Probate has been received and this is often what delays the process when you buy a probate property.

If you want to buy a probate property, be prepared for the legal process to completion will take longer than the average house sale. You will find that you are not able to exchange contracts, let alone move in, until the executors have received a Grant of Probate, i.e. the court has given them permission to sign the relevant documentation. Even if it is the spouse or partner of the deceased and the property was held in their joint names, they will still need to legally wait for Grant of Probate to complete the sale. Generally, the probate process takes 6-12 weeks, depending on how complex the estate is. However, this can sometimes be considerably longer.