Losing a loved one is never easy, and if you’ve been left a property in the will you may wish to dispose of it as quickly as possible. So should you use the same solicitor for both conveyancing and probate? We take a look at some of the ins and outs of this topic…
Do I have to get a Grant of Probate?
If the estate is worth under £5,000 then the bank may only need to see a death certificate. Otherwise, you’ll need to get a Grant of Probate. This is a legal document that allows you to carry out the terms of the will.
Do I need a Grant of Probate to sell a property?
Unless you’re the deceased’s spouse or partner and your name is on the title deeds, you need to have the Grant of Probate before you can put the property on the market. You can try and sell before probate is settled, but you’ll have to inform any purchaser that the sale can’t go through until probate has been granted. This usually takes 6-8 weeks.
Do I have to use the same solicitor for conveyancing and probate?
No, you don’t. These are two completely separate legal operations so you could use a solicitor for probate and a specialist conveyancing firm to handle the sale of the property. You don’t even have to use the solicitor who has been responsible for looking after the will, although they may try to charge you a fee for taking your business elsewhere. It can be tempting to let one solicitor handle both operations, particularly when dealing with a bereavement, but this can also be the most expensive option.
Do I have to use a solicitor at all?
You can choose to undertake conveyancing and probate yourself or opt for a semi-DIY option, although you may want friends and family to help you. This is a good option if the estate and subsequent sale of property aren’t complicated. Otherwise, try and use a fixed fee solicitor to cover probate and a specialist fixed fee conveyancer to deal with the sale of the property if you want to maximise the value of the estate.