0370 1500 100
Selling A Property

Probate Sale Conveyancing

Probate refers to the process of managing a person's estate after they die. If you've lost a loved one it is already an emotional and stressful time – managing their legal affairs on top of this can add an extra burden.

Our solicitors have extensive experience handling both the transfer and sale of property after a person's death. We can advise you on:

  • Grant of Probate – you need this to sell the property
  • Deed of Assent – to transfer the property

Probate conveyancing can involve different procedures to other property transactions. Many people for example don't realise that they need a Grant of Probate in order to sell the deceased's property.

There may be disputes with the Will that need to be addressed, as well as any debts outstanding that the sale of the property is intended to deal with. It can be a complicated process and you need the right advice on hand to guide you through it.

Call today for a no obligation consultation on 0370 1500 100 – or fill out our online enquiry form.




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Probate Sales and Transfers - More Information
    • What Is Conveyancing?
    • The term 'conveyancing' covers all the legal and administrative work needed when buying and selling property or transferring ownership of land and buildings from one person to another. For a standard transaction this might include:

      • Investigation of the title of the property
      • Document preparation
      • Writing and exchanging contracts
      • Payment of Stamp Duty Land Tax
      • Registration at the Land Registry.

      There are many legal requirements which need to be met before a change in ownership of any property can take place. The process can be complicated and stressful but our team of specialist conveyancing solicitors will help make your transaction as smooth as possible.

      Read more in our Conveyancing Guide.


    • What Does Conveyancing Cost?
    • The exact costs will depend of the nature of your transaction but can include:

      • Conveyancer's fees plus VAT
      • Search expenses
      • Freeholder fees
      • Stamp Duty Land Tax
      • Land Registry fees

      Our Conveyancing Calculator can provide an instant quote for the costs involved with buying, selling or remortgaging a property up to the value of £500,000. It will calculate our legal fees and the Stamp Duty to pay as well as estimating the Land Registry Fees and Search Fees for your transaction.

      Use our Conveyancing Calculator today to work out how much your transaction will cost.


    • How Long Does Conveyancing Take?
    • Every transaction is different and each can take a different amount of time. The average time period is between 6-12 weeks depending on the speed of searches and mortgage offers, the other parties in the chain, the complexity of the transaction and more.

      We understand how important it is to resolve property matters quickly, especially when your family home is concerned. Our expert property solicitors will always endeavour to complete your transaction as quickly as possible. With a full service available via post, phone and email, you can take care of everything when it's convenient for you.

      See our Conveyancing Guide to find out more about how long the conveyancing process.


    • Why Should I Choose Irwin Mitchell For My Conveyancing?
    • Irwin Mitchell are one of the leading national property firms and we are passionate about delivering excellent results for each and every client. Our property lawyers are highly experienced experts who will ensure you receive a prompt and reliable service.

      We will keep you up to date, in plain English, at each step of the sale or purchase. In the unfortunate event that a dispute arises, we are here to deal with it on your behalf, seeking a swift and favourable resolution.

      Our conveyancing service is competitively and simply priced with all costs laid out upfront so there are no nasty surprises later on. You can manage the entire process by post, phone or email but we also have conveyancing solicitors based in offices around the country for when a personal touch is required.

      Call free us on 0370 1500 100 to find out more about how we can help you.

    • Meet The Team
    • Our Conveyancing and Property solicitors form one of the largest and most experienced teams in the country. Members of our team are regularly recognised as leading experts in their field by top legal directories Legal 500 and Chambers & Partners.

      Whenever you contact our team you can expect friendly, enthusiastic advice and support. We understand that buying or selling property can be a complicated and stressful process which is why we are dedicated to making your transaction as simple and stress-free as possible.

      Meet our team of expert conveyancing and property solicitors.




The service I received was outstanding. It made the process of selling my house much less stressful."

Mrs C, Client
Ms A C

Frequently Asked Questions

What Does Probate Involve?

As Executor or Administrator of an estate you will be responsible for putting the deceased's legal, tax and administrative affairs in order. This could include valuing their property and often selling the property so that the proceeds of the sale can be passed on to the beneficiaries of the Will.

To sell the property you will first need to be named on the Grant of Probate. This document is evidence that you have the right to sell the property. If you do not already have a Grant of Probate, we can advise you on what you need to do.

If you are selling a property as the executor there will also be additional clauses that need to be inserted into the transfer to protect you as the personal representative of the estate. Similarly, the Deed of Assent to transfer ownership of the property to a beneficiary is slightly different to the usual Deed of Transfer used for sales and other transfers of property.

We often find that when the deceased has lived in their property for a long time, it may not be registered with the Land Registry. This will need to be addressed before you can sell the property or transfer it to a new owner.


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What Is Proprietary Estoppel?

Proprietary estoppel is the legal term for when a promise of property or some part of an estate is given during a person's lifetime, but then not delivered in their Will, with serious consequences for the person expecting to inherit.

We frequently find this in rural land claims. For example, a farmer may have promised to leave his farm to an employee in exchange for reduced pay but then the farmer's Will names another beneficiary and the employee is left with nothing. The employee had a reasonable expectation that the promise would be fulfilled - in the absence of the promised inheritance, he has suffered a significant loss.

Proprietary estoppel is one of a number of claims that may be brought against a Will, which will affect how and when the property can be sold or transferred. We've helped people bring claims for proprietary estoppel and have extensive experience in other property claims on a Will.

Our Wills and Estates team are also able to provide more information about contesting a Will.


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Why Choose Irwin Mitchell?

The team at Irwin Mitchell has extensive experience dealing with Probate sales and transfers. Over the course of many years we've come across a wide range of issues and understand how to help you negotiate what can be a very stressful time.

We offer a fixed fee on all our conveyancing services, so you know exactly what you need to pay from the start. You can use our handy Conveyancing Calculator to get an instant quote.

Irwin Mitchell is one of the leading firms in the country and we pride ourselves on putting our clients first. We can also draw on the expertise of our Wills & Estates team to ensure you receive a comprehensive service that takes care of all your legal needs.

We are available by post, by phone, email and in person. We have offices around the country if you prefer to speak to us face-to-face.

However you contact us, you can expect a friendly and supportive service. We understand that this will be a difficult time and we are committed to using our expertise to make the process as smooth for you as possible.

Call us today on 0370 1500 100 to talk one of the team - or fill out our online form and someone will get back to you.

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Awards & Accreditation

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.


What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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