When is Probate Required?

3 months ago
When is Probate Required?

What is Probate?

Probate is the legal and financial process of dealing with someone’s estate after they pass away. This includes their property, money, and possessions.

The probate process confirms:

  • That the will is valid

  • Who the executors are

  • Who has legal authority to manage the estate

  • Whether the property can be sold

Without probate, you usually cannot legally complete the sale of an inherited property.


What is a Grant of Probate?

A Grant of Probate is a legal document that gives the executors of the will permission to:

✔ Sell the inherited property
✔ Access the deceased’s assets
✔ Manage and distribute the estate

If you plan to sell a property you’ve inherited, you’ll almost always need a Grant of Probate to move forward.


When is Probate Required?

In England and Wales, probate is usually needed when:

  • The person who died owned property

  • Banks or financial institutions request a Grant of Probate before releasing funds

If you’re unsure whether you need probate, a solicitor or experienced Cardiff estate agent can advise you.


How to Sell a House in Cardiff When Probate is Required

Selling a probate property involves a few additional steps. Here’s how to handle the process smoothly.


1. Arrange a Property Valuation in Cardiff

A probate valuation is essential for:

  • Calculating the total value of the estate

  • Determining inheritance tax obligations

  • Setting an accurate asking price

At Fortis, we offer compassionate, pressure-free valuations carried out with respect and professionalism.

We understand selling a loved one’s home can be emotional. Our team takes the time to listen, guide, and support you throughout the process—never rushing your decisions.


2. Speak to a Solicitor

A solicitor will:

  • Apply for the Grant of Probate

  • Identify and value all assets

  • Confirm beneficiaries

  • Arrange payment of inheritance tax

  • Prepare the estate for sale

If you need help finding a solicitor, Fortis can recommend trusted probate specialists.


3. Work With an Experienced Estate Agent in Cardiff

Once probate is granted, you can begin the process of selling the property.

When choosing an estate agent, prioritise:

  • Clear communication

  • Availability and responsiveness

  • Experience with probate sales

  • Sensitivity and professionalism

Probate can be stressful. A proactive estate agent ensures viewings, offers, and negotiations run smoothly—keeping you fully informed every step of the way.

At Fortis, we pride ourselves on supporting families through probate with empathy and expert guidance.


Are You Selling a Probate Property in Cardiff?

Selling a house with probate can feel daunting, but with the right team supporting you, the process becomes far more manageable.

Fortis are your local Cardiff property experts, experienced in handling probate sales with care, understanding, and professionalism.

📞 Call us: 02920 561111
📧 Email: hello@fortis.homes

Our friendly and compassionate team is here to support you every step of the way.


Frequently Asked Questions About Probate When Selling a Property

What is the Probate Registry?

The Probate Registry oversees legal proceedings related to estate administration, including validating the Grant of Probate needed to sell a property.

Do banks affect the probate process?

Yes. Banks may require a Grant of Probate before releasing funds or closing accounts belonging to the deceased.

Who pays inheritance tax?

The executors, assisted by a solicitor, must calculate and arrange payment of inheritance tax before probate can be granted.

Can you sell a jointly owned property without probate?

It depends.

  • Joint tenants: the property automatically passes to the surviving owner.

  • Tenancy in common: probate is typically required to sell the share.
    A solicitor can advise on the correct route.

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