When a property owner dies during the process of selling a house, it often causes confusion for all parties involved in the transaction.
If the contracts have already been exchanged and the seller dies afterwards, the legal agreement is not invalidated. A contractual obligation remains for completion of the house sale, but it is the administrators or personal representatives of the deceased seller’s estate who are legally required to fulfil the duties of the person who has died.
How does the process work?
In cases where the seller had sole ownership of the property, the administrators or executors must get a Letter of Administration (when there is no Will) or a Grant of Probate (when there is a Will) to complete the sale. Both a Letter of Administration and a Grant of Probate are described as types of “Grant of Representation”, a term referring to the overall legal document that gives individuals the authority to manage the estate. It provides them with the legal right to deal with the assets of the deceased.
Delays in obtaining this legal permission can cause issues with selling on the date they are contractually bound to. A missed completion date represents a breach of contract, and the seller can be liable to pay damages or compensation.
However, the Probate Registry operates an emergency system to fast-track the Grant of Probate and can issue a limited Grant of Probate. This can enable a property sale to be completed more quickly.
In cases where it’s improbable that Probate will be granted before the agreed completion date and the circumstances are uncomplicated, executors sometimes agree to let the buyer access the property, pending completion of the contract.
If the person who has died joint-owned the property with someone who holds a 100 per cent share of the property and legal title, the co-owner of the house can complete the sale if they have access to an official death certificate.
Do you need expert Probate solicitors in North Wales?
Whether you’re looking for solicitors in Conwy, Gwynedd or Llandudno, you can count on us for support. At Bennett Smith Solicitors, we specialise in Wills and Probate, conveyancing and family law in North Wales, making us an ideal choice if you need legal advice regarding issues surrounding a house sale when someone dies. For fast response times and a personalised service, reach out to our team of professional solicitors today.
