What steps should be taken to prepare a property for sale before probate?

Preparing a property for sale before probate is mainly a matter of making it safe, presentable, properly documented and straightforward for a buyer and conveyancer to assess. The preparation should protect the estate’s value without committing the personal representatives to a transaction they are not yet authorised to complete.

Start by agreeing the decision-making process. Identify who is dealing with the property and make sure all relevant executors or personal representatives understand what is proposed. Keep written records of significant decisions, including proposed works, removal of belongings, marketing instructions and offers received. Where there is more than one executor, the solicitor should confirm how consent and signatures will be handled. This helps prevent disagreements from delaying the sale or creating uncertainty for a buyer.

Separate estate belongings from rubbish. Do not throw away furniture, documents, jewellery, collections or other items simply because the property is being cleared. Make an inventory, photograph valuable or unusual items, and establish whether anything has been specifically left to a beneficiary in the will. If items are to be sold, retain sale records and place the proceeds into the estate account. Items with little value can still have sentimental importance, so beneficiaries should have a reasonable opportunity to identify anything they wish to keep.

Deal with occupation and access. Establish whether anyone is living at the property, whether a tenant has rights under a tenancy agreement, and whether a lodger, licensee or family member occupies part of the home. A sale cannot be prepared properly if viewings or vacant possession conflict with existing rights. Keep keys, alarm details and access instructions together, and decide who will accompany visitors. If the property is empty, regular checks, appropriate insurance and sensible protection against leaks, frost and damage should be considered.

Review the property’s legal and practical characteristics. The conveyancer will need accurate information about matters such as:

• whether the property is freehold or leasehold;
• ground rent, service charges, planned major works and managing-agent details for a leasehold;
• rights of way, shared driveways, parking arrangements, restrictive covenants or boundary questions;
• alterations, extensions or conversions and any related planning or building-control paperwork;
• flooding, subsidence, structural movement, Japanese knotweed or other issues that may need to be disclosed; and
• planning proposals, disputes, notices or enforcement correspondence affecting the property.

It is better to identify gaps early than to discover them after accepting an offer. Missing certificates or unclear boundaries do not always prevent a sale, but they can lead to additional enquiries, renegotiation or delay.

Prepare the information needed for marketing. A clear description should cover the accommodation, tenure, parking, outdoor space, known defects and any restrictions on use. Gather accurate room measurements where available, and check that the photographs and particulars do not suggest that fixtures, fittings or contents are included when they are not. Decide in writing which items will remain, such as integrated appliances, and which will be removed before completion.

Check whether an Energy Performance Certificate is required for marketing and arrange one where appropriate. Certain properties may be exempt, but the basis for an exemption should be confirmed rather than assumed. Also collect warranties, guarantees, planning permissions, completion certificates and invoices for substantial works, as these can answer buyer enquiries more efficiently.

Limit work to improvements that are justified. Basic cleaning, gardening, removing excess furniture and repairing obvious minor defects can make the property easier to assess. More expensive refurbishment is not automatically worthwhile, particularly where the estate’s objective is a practical sale rather than a full renovation. Obtain advice before starting structural work, replacing major systems or making changes that could affect insurance, planning or the property’s description. Keep receipts and records for every authorised expense.

Keep financial and property records together. Retain mortgage information, insurance details, utility accounts, council correspondence, service-charge statements and invoices for work. Notify relevant providers of the death where necessary, while checking with the solicitor how accounts should be managed during the administration of the estate. Record meter readings when responsibility changes and retain confirmation of payments. These records help establish what the estate owes and what must be settled from the sale proceeds.

Before accepting an offer, ask the solicitor to confirm whether the proposed contract needs to be conditional on the grant of probate or contain another protection for the estate. A buyer should receive an accurate explanation of the transaction’s position, including any likely restrictions on exchange, completion or vacant possession. A cash buyer can be one option to discuss where the property’s condition or the probate process makes a conventional sale less suitable, but the buyer’s funding, legal capacity and proposed timetable should still be checked.

The final preparation should leave the property accessible, accurately described and supported by an organised file. A solicitor should review anything unusual before marketing begins, especially unresolved ownership questions, occupation arrangements, leasehold issues, substantial defects or disagreements between beneficiaries. This reduces avoidable enquiries and gives prospective buyers a clearer basis for deciding whether to proceed.