Selling a house where someone has died is entirely possible and often straightforward, though it can present unique challenges depending on the circumstances of the death and at what stage in the selling process it occurred. Whilst there’s no legal requirement in the UK to disclose a natural death that occurred in a property, transparency is generally the best approach, especially if the death was recent or of an unusual nature. Most potential buyers understand that in older properties, it’s quite likely someone has passed away there at some point over the years.
Research suggests that natural deaths typically don’t affect property values at all, though more traumatic events like suicides or violent crimes can reduce a property’s value by 10-25%, primarily due to buyer apprehension rather than any actual change to the property itself. Many buyers take a practical view, but others may be more sensitive to a property’s history. We’ve helped numerous clients in places like Bristol, Exeter and Plymouth who initially struggled to sell properties following a bereavement, finding that with the right approach, these sales can proceed rather smoothly.
If you’re selling after inheriting a property, it’s worth noting that you’ll need to obtain probate before completing any sale, which currently takes about 16 weeks with the Probate Registry. This doesn’t prevent you from putting the property on the market, but it’s something to factor into your timeline. We’ve assisted families across UK who needed to sell quickly despite probate delays, offering guaranteed purchases that gave them certainty during a difficult time.
Things become more complex if someone passes away during the sales process itself. If contracts have already been exchanged, the sale remains valid, but completion may be delayed while probate is granted. For jointly owned properties, the process varies depending on whether it was owned as joint tenants or tenants in common. A particularly tricky situation developed for one of our clients in Gloucester when the sole owner passed away between exchange and completion, but as a reliable cash house buyer, Property Saviour was able to adapt to the changed circumstances and still complete the purchase, providing much-needed resolution for the family.
If you’re concerned about selling a property where someone has died, or you’re an executor handling a probate sale, do get in touch with Property Saviour. We understand the emotional complexities involved and can offer a guaranteed, hassle-free sale regardless of the property’s history. Our compassionate approach has helped countless sellers face these sensitive situations with dignity and practical support.
Do read on to learn more about how probate works, what needs to be disclosed to buyers, and how we can help make your property sale straightforward even in challenging circumstances.
Table of Contents
Understanding the Legal Requirements
First things first, you need to sort out the legal side of things. If the deceased was the sole owner of the property, you’ll need to get a Grant of Probate before you can sell. This legal document gives you the authority to deal with the deceased’s estate, including selling their property.
Selling a house after someone died
Once probate is obtained, the executor can proceed with valuing the property and preparing it for sale. It’s essential to inform HM Revenue and Customs about the death, as there may be inheritance tax implications. The executor should also check the property’s title and consider engaging a solicitor.
Clearing the property of personal belongings and deciding whether to renovate or sell ‘as is’ are important considerations. While there’s no obligation to sell immediately, many executors choose to do so to settle the estate efficiently. It’s worth noting that inheritance tax and capital gains tax may apply if the property has increased in value since the owner’s death. Ultimately, selling a house after bereavement requires a balance of practical steps and sensitivity to ensure a smooth transition for all involved.
Valuing the Property
Once you’ve got the legal bits sorted, it’s time to think about the property’s value. It’s a good idea to get a few estate agents round to give you their opinions. Remember, the value of a property where someone has died might be affected by the circumstances of the death, especially if it was sudden or violent.
Probate & Legal Matters
Before you can sell the property, you’ll need to sort out the legal side of things. This usually involves getting a Grant of Probate, which gives you the legal right to deal with the deceased’s estate.
If there’s a will, it should name the executor who’ll handle this. Without a will, the next of kin typically becomes the administrator.
The probate process can take several months, so it’s wise to start as soon as possible. You’ll need to:
- Register the death
- Value the estate
- Pay any inheritance tax due
- Apply for probate
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Once you have probate, you can move forward with selling the house.
Obtain a Grant of Probate
If the deceased was the sole owner of the property, obtaining a Grant of Probate is essential before the property can be sold. This legal document authorises the executor to manage and distribute the deceased’s estate. The process involves:
- Applying for Probate: The executor named in the will must apply for probate. If there is no will, a close relative can apply for Letters of Administration.
- Valuing the Estate: An accurate valuation of the property is required for probate purposes. This helps determine any inheritance tax liabilities.
How Long After Someone Dies Can You Sell Their House?
Selling a house after someone dies involves several stages with varying timeframes, but generally, you cannot complete the sale until probate has been granted, though you can begin marketing the property sooner.
When someone passes away, the legal process significantly affects your timeline for selling their property. According to current data, the probate processāwhich is essential before completing any property saleātypically takes around 16 weeks after submission, though this represents a significant increase from pre-pandemic times when it took just a few weeks. This delay is primarily due to backlogs at the Probate Registry and the transition to digital applications.
While you must wait for probate to complete a sale, you can begin marketing the property and even accept offers before probate is granted. As one probate expert notes, “It’s prudent to wait for eight weeks or so after a death before starting the marketing process,” which allows time for the initial grief period while beginning probate applications.
The “Executor’s Year” is an important conceptāexecutors are expected to begin distribution of the estate within 12 months of death. This doesn’t mean you must sell within a year, but it establishes a reasonable timeframe for handling the estate’s affairs. In fact, there is no absolute deadline by which a property must be sold after someone dies.
However, inheritance tax considerations often create practical time pressures. Inheritance tax must be paid within six months of death, which can necessitate a faster sale if there aren’t sufficient liquid assets in the estate. This creates a challenging situation as noted by one legal expert: “You cannot obtain probate without paying part of any inheritance tax due on the estate to HMRC upfront. Which is something of a catch-22 situation, particularly if there are no liquid assets available.”
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The complete timeline varies significantly based on circumstances:
For straightforward estates with organized documentation: 6-8 months from death to completion
For complex estates or where probate is delayed: 12+ months
For jointly owned properties where the survivor is listed on the deed: Potentially immediate (no probate required)
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Recent Reddit experiences highlight this variability. One user reported their probate process took just 10 days, while another’s seller had been dealing with probate for 30 months with “three different buyers hanging on.” Most commonly, users reported timeframes of 3-6 months for straightforward estates.
If death occurs during an existing sale process, the consequences depend on timing. If contracts haven’t been exchanged, there will be a delay while probate is granted. If death occurs after exchange but before completion, contracts are typically rescinded as one party can no longer fulfill their obligations.
In summary, while you can begin the marketing process relatively soon after death, the complete sale usually takes at least 6 months and often longer. The best approach is to apply for probate as quickly as possible, be transparent with potential buyers about the timeline, and consider working with professionals who specialize in probate property sales to face this challenging process.
Selling a Probate Property
During probate, the property cannot be sold until the grant of probate has been issued. This document gives the executor the legal authority to manage the estate, including selling the property.
The sale of the property is typically handled by the executor, who will work with an estate agent to market the property and negotiate offers.Ā The executor can also opt to sell an inherited property privately for speed.
Clearing out a loved one’s belongings can be emotionally taxing. Take your time and consider asking family or friends for help. You might want to:
- Sort items into categories: keep, donate, sell, or bin
- Take photos of sentimental items you can’t keep
- Consider hiring a professional house clearance service
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Next, you’ll need to get the house ready for viewings. This might involve:
- Basic repairs and maintenance
- A deep clean
- Freshening up with neutral decor.
Do I have to tell buyers someone died in the house?
In the UK, there is generally no legal obligation to disclose that someone died of natural causes in your property when selling it. However, the situation becomes more nuanced when dealing with deaths under traumatic circumstances, such as murders or suicides, particularly if they occurred recently.
According to multiple legal sources, individual homeowners selling their property are not legally required to proactively disclose a death that occurred in the home, even violent ones. The Consumer Protection from Unfair Trading Regulations, which govern misleading omissions, primarily apply to “traders” such as estate agents rather than private individuals selling their own homes. As one legal expert puts it: “Someone selling their own house is not a trader and so does not fall within the scope of the law.”
However, there are important ethical and practical considerations beyond the strict legal requirements:
If directly asked about a death in the property, you cannot legally lie. Dishonesty could potentially lead to legal complications later.
Estate agents have different obligations. If your agent becomes aware of a death in the property, particularly a violent one, they likely have a duty to disclose this information to potential buyers. The National Trading Standards guide specifically lists “notable events at the property such as a recent suicide or murder” as information that should be disclosed.
The recency and nature of the death matter significantly. Propertymark’s assured advice suggests that “deaths that occurred inside the property some time ago are not material information,” while more recent traumatic events would be.
While you may not have a strict legal obligation to volunteer information about a death that occurred in your property, especially if it was from natural causes or happened many years ago, being forthright when asked directly and considering the ethical implications of withholding potentially significant information is advisable. If you’re concerned about how to handle this situation, consulting with a property solicitor about your specific circumstances would be prudent.
Marketing the Property
When it comes to marketing a house someone died in, honesty is the best policy. Focus on the property’s positive features, but be prepared to answer questions about its history truthfully.
The Sales Process
Once you’ve accepted an offer, the process is similar to a standard house sale. However, there are a few extra steps:
- The buyer’s solicitor will ask for a copy of the Grant of Probate
- You’ll need to fill out a form declaring any inheritance tax paid
- The sale proceeds will go to the estate, not to you personally
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Remember, selling a house after a death can take longer than a typical sale. Be patient and keep communication open with your estate agent and solicitor.
Dealing with Emotions
Selling a loved one’s home can be emotionally challenging. It’s okay to feel sad, stressed, or overwhelmed. Consider:
- Taking breaks when you need to
- Asking family or friends for support
- Seeking professional help if you’re struggling to cope
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Property Saviour is here to help you through this difficult time. We understand the unique challenges of probate sales and can offer expert guidance and support. If you’re feeling unsure about any part of the process, please don’t hesitate to get in touch with us.
Tax Obligations
Be aware of potential tax implications when selling a property after death:
Inheritance Tax: This may be due on the estate, including the property
Capital Gains Tax: If the property has increased in value since the date of death, this might be payable
It’s best to seek professional advice to understand your tax obligations fully.
Joint Ownership
If the property was jointly owned, the ownership typically passes to the surviving owner(s) automatically. However, itās still important to update the property title to reflect the change in ownership.
Capital Gains Tax (CGT)
When selling a property that was inherited, there may be Capital Gains Tax (CGT) implications. CGT is a tax on the profit made from selling an asset, such as a property.
The tax is calculated on the difference between the sale price and the original purchase price or the probate value. There is an annual CGT exemption in the UK, and any gains above this threshold are subject to tax.
Insider’s Tips
- Keep detailed records of all expenses related to the property and sale
- Consider changing the locks for security
- Make sure the property insurance is updated to reflect its unoccupied status
- If the property is empty for a while, arrange regular checks to prevent issues like burst pipes
- Be transparent about the property’s history
- Price the property realistically
- Consider offering incentives to potential buyers
- Be prepared for the sale to take a bit longer than usual
Addressing Buyer’s Concerns
Some buyers may have reservations about purchasing a property where someone has died. Here are ways to address these concerns:
- Transparency: Be upfront about the situation. Transparency can build trust with potential buyers.
- Highlight Positives: Focus on the positive aspects of the property, such as location, size, and potential for renovation.
- Professional Staging: Consider hiring professionals to stage the home, making it more appealing and helping potential buyers envision themselves living there.
Will the death affect the property’s value?
The impact a death has on your property’s value largely depends on the circumstances of the death and local perceptions, though natural deaths typically have minimal to no effect on market value, whilst traumatic deaths like murders or suicides can reduce value by 10-25% in the short term.
Death stigma, known professionally as “psychological defects” or “stigmatised property”, affects different regions and demographics uniquely. In most parts of Britain, a natural death that occurred several years ago will have negligible impact on property valuation. As one study showed, only 18% of UK buyers would be deterred by knowledge of a natural death in a property, compared to 57% who would be concerned about a murder having taken place.
Saddat Abid, CEO of Property Saviour, offers a nuanced perspective based on years of experience: “What we’ve consistently observed is that the passage of time significantly diminishes any value impact from deaths in properties. A natural death from five years ago rarely concerns today’s buyers, whilst even traumatic deaths see diminishing financial impact after 3-5 years. The British property market is remarkably resilient, with location, condition and energy efficiency ultimately becoming the dominant value factors.”
The property’s price history can sometimes reveal these effects. Properties where traumatic deaths occurred typically sell for 10-25% below market value initially, but this discount narrows with each subsequent sale. By the third sale after such an event, the discount typically reduces to below 5% if the property has been well-maintained and sufficient time has passed.
Cultural factors play a significant role too. In some communities, particularly those with strong cultural or religious beliefs about death, the impact on value can be more pronounced regardless of how the death occurred. Conversely, in dense urban areas like London or Manchester, the effect tends to be less significant due to the frequency of property turnover.
From a practical perspective, deaths that occurred in care settings or hospice situations within a home are generally viewed differently than unexpected deaths. Many people understand that in properties that have existed for decades or centuries, deaths have naturally occurred. It’s part of a property’s history rather than a defect.
If you’re concerned about how a death might affect your property’s value or saleability, Property Saviour offers confidential consultations to assess your specific situation. As experienced cash buyers, we’ve helped numerous homeowners across Britain sell properties with challenging histories quickly and discretely, often achieving better outcomes than would be possible on the open market where such factors can be amplified.
Whether you’re in Reading, Portsmouth, Southampton or elsewhere in the UK, our team understands the sensitivity surrounding these circumstances and can provide both practical guidance and a guaranteed purchase option if needed. Get in touch today for a confidential discussion about your property.
Deciding Between Best Price Or Certainty of Sale
When it comes to selling your house, you have a few options. You could go the traditional route and list with an estate agent. Or, you could consider a more modern approach and sell directly to a cash-buying company like Property Saviour.
You may get the best price with an estate agent. However, there’s no guarantee that the sale will go through. Expect a few abortive sales and delays.
With us, we will buy any house with certainty.Ā However, as you’d expect, we are in business to make a profit, so you won’t get the full market value.
Sell with certainty & speed
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers.Ā There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay Ā£1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.Ā
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.Ā
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.Ā
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you.Ā You are in control.
