Selling or transferring a house in an estate

Before a house in an estate can be sold or transferred, the executor needs to know who owns it now, protect it while it is empty, and obtain Confirmation. We handle each step, so the house does not hold up the rest of the executry.

What we do

• Check the title for a survivorship destination, which can pass the house straight to a joint owner
• Tell the insurer, arrange cover for an empty property and apply for the council tax exemption
• Obtain a date of death valuation and, if selling, a Home Report
• Market the house while Confirmation is awaited
• Conclude the sale once Confirmation is granted, or transfer the house to a beneficiary by docket or disposition
• Deal with the mortgage lender and any secured debts
• Report any capital gains tax on the sale

Selling or keeping the house

Executors do not always have to sell. If the will leaves the house to someone, or the beneficiaries agree that one of them should take it, we can transfer it without a sale. There is no Land and Buildings Transaction Tax on an inherited house, although it can affect the additional dwelling supplement if the beneficiary later buys another home.

Jointly owned homes

If the person owned the house with someone else, the title deeds decide what happens to their share. Our guide on whether a jointly owned house goes to the other owner explains survivorship destinations.

Keeping costs down

An empty house brings insurance, council tax and maintenance costs, and those are paid from the estate. Timing the sale around Confirmation, and applying for every exemption available, protects the value for the beneficiaries. See our guide to council tax after a death. If the house needs to be emptied first, our guide to clearing a house after a death explains what the executor must do with the contents, and if the person rented from the council or a housing association, see what happens to a tenancy after a death.