Guides and tools for inherited property

Probate is the legal process that gives an executor, or an administrator where there is no will, the authority to deal with someone's estate. The document granting that authority is called the grant of probate. Without it, banks, the Land Registry and buyers have no legal basis to deal with the estate's assets.

Probate usually takes 6 to 12 months for a typical estate, and longer where there is a property to sell. Getting the grant itself is only part of it: the estate still has to be valued, tax settled and assets distributed afterwards. A property that needs repair, has a title defect or sits in a chain will extend that timeline further.

The property stays part of the estate and remains the executor's responsibility. It still has to be insured, secured and maintained, and the estate still carries its running costs. Ownership does not move to beneficiaries or a buyer until the grant is issued and the transfer is completed.

The recurring ones are empty-property insurance, council tax once the exemption ends, utilities, and maintenance. On top sit one-off costs: property clearance, any repairs needed to sell, conveyancing, and the estate's share of probate fees. Every month the property stands empty, the estate pays for it.

Only on the gain since the date of death, not on the sale price. Take the probate value and the costs of selling off what the property sells for, deduct the estate's £3,000 annual exempt amount, and personal representatives pay 24% on the rest. A house valued at £300,000 for probate and sold for £310,000 gains £10,000, which is roughly £1,680 of tax before selling costs.

The executor still has authority to act, but pressing ahead through a real dispute rarely ends well. Mediation is usually faster and cheaper than a contested application, and independent legal advice protects the executor as much as the beneficiaries. A dispute recorded and handled properly is far less damaging than one ignored.