David Carter Property & Livestock are here to help you.

The right real estate agent is always an advantage when selling a property, and the sale of a deceased property is no different. A real estate agent is an objective professional – something that is even more beneficial when the family of the deceased are grieving and don’t feel up to the task of managing the sale of a family home. The executor or legal personal representative of a deceased person will greatly benefit from having an agent that can handle all the paperwork associated with the sale of a property while they’re busy attending to other administration of the estate.

As the executor will be the seller of the home for these purposes, they will be the one getting valuations of the property from a real estate agent. They will communicate with the real estate agent assisting in the sale throughout the marketing process of the home, and will also confer with the agent regarding renovations and repairs that can add value to the home. The real estate agent will handle all financial negotiations about the property on behalf of the seller, and will assist in setting up the contract of sale and other documentation.

The right real estate agent is a person that is also empathetic and sensitive to the needs of the next of kin of the deceased. Considering that these people will be saying their final goodbye to an era when the home is sold, it is essential that the real estate agent helping them to sell has empathy. While the agent will still have to have the same goal as with every sale – getting the best possible price for the home in the shortest possible time – they will still need to be empathetic and understanding of the rollercoaster of emotions that the family is probably going through.

The process of selling deceased estate property (NSW)

There are several steps required for an executor when selling deceased property. These steps include:

  • Applying for the Grant to Probate; the home cannot be sold until this Grant has been issued.
  • Having the deed put into their name so as to confer upon them the right to legally transfer the property.
  • Obtain a property valuation. It is wise to secure more than one for comparison purposes.
  • Inspection of the property to uncover any repair costs that might be necessary to make the property sellable.
  • Place the home with a real estate agent for listing and sale.
  • Provide all of the necessary paperwork to support the completion of the sale.
  • Distribute the value from the sale as directed in the Last Will & Testament.

How is probate obtained?

If the deceased has left a will, the person named as the executor needs to apply to the court for probate, which verifies this will. This can take around four weeks to come through. Once the grant of probate has been received, the executor then has responsibility for the distribution of the estate to beneficiaries according to the deceased’s wishes. The executor is also responsible for hiring deceased estate lawyers and a real estate agent to make sure everything is done legally and transparently.

If the deceased did not leave a will, the process is a little more complicated, as a Letters of Administration document must be obtained from the court. This has to be done by a family member, and it takes longer than applying for probate.

Can you sell a property while in probate?

Nothing belonging to the deceased can be sold until probate is granted. However, there are often multiple beneficiaries of a will, such as if you are inheriting property with siblings, so it can make sense for the property to be sold as quickly as possible after probate is granted. This way everyone can receive their share quickly, leaving less room for disputes.

Selling deceased property without a Will

In the instance that someone dies without a Will or a named executor, the estate must first go through the process of probate so that someone can be named to distribute the assets via the intestacy laws. 

Hence, a grant of Letters of Administration must be obtained from the court. Once this letter is obtained, and an executor is named, the assets of the deceased can be distributed in accordance with the laws of intestacy.

Selling deceased property with a Will

When a Will has been properly executed and is available for review, the process is a bit different. 

Again, the Will must go to probate. However, under these circumstances, it is merely for the Will to be found valid and allow for the named executor to begin properly distributing the assets. This is called receiving a Grant to Probate. From this point forward, the assets can be distributed.

However, an issue can arise when an asset needs to be sold before the value of it can be distributed to those who have been named. Most often, this scenario occurs when the family home of the deceased person needs to be sold. 

FAQs about selling deceased property

What is Capital Gains Tax?

In its simplest form, Capital Gains Tax is paid when the beneficiary sells the property. Hence, once the executor has completed the sale of the property, the CGT will become due out of the proceeds of the sale. Subsequently, the balance of the monies can be distributed to the rightful beneficiaries.

How long do you have to sell a deceased estate?

Generally, an executor has 12 months from the date of death to distribute the estate. This is known as ‘the executor’s year’. However certain restraints and extensions can apply in individual circumstances. 

Can a beneficiary buy a property from the estate?

If there is a partial distribution of the estate and you are one of the beneficiaries, you can buy the house if you can afford it and none of the other beneficiaries’ object. However, this is often inadvisable, as it can cause disputes between family members. Dispute and acrimony are two things you need to avoid wherever possible.

Conclusion

Selling a property that forms a part of the estate of someone who has recently passed away can be a trying exercise, especially considering that this is often also the family home. Disconnecting from a property can be hard for the relatives of the person that has passed away, which is why an executor is usually appointed to handle all matters associated with their estate. This person may also be a legal personal representative or solicitor.

While selling a deceased property is very similar to selling any other residential property, there is some additional admin, such as applying for the grant of probate, settling any outstanding debt, and paying capital gains tax when the funds from the sale are distributed to the beneficiaries of the estate.

Finding a real estate agent to assist you in the sale of a deceased property is easy when you use David Carter Property & Livestock. We understand the individual needs of our valued clients, while also bringing a lifetime of experience and expertise to the table.