If you’re wondering whether you can sell a house before Confirmation is granted in Scotland, you can usually start preparing the property, put it on the market and consider offers while you wait. If Confirmation is needed to transfer ownership, it must be in place before the sale can complete.
Here’s what you can do at each stage and where it pays to get your solicitor involved early.
Start by checking who owns the property
Confirmation is the document issued by the sheriff court that gives an executor authority to deal with the assets listed in the deceased person’s estate. If you’re new to the process, our guide to Confirmation vs Probate explains how it works in Scotland. For more on how to apply for Confirmation, see the Scottish Courts and Tribunals Service guide to dealing with a deceased’s estate.
Before making plans to sell, ask your solicitor to check the title deeds. If the property was jointly owned and the title includes a survivorship clause, the deceased person’s share may pass automatically to the surviving owner. That can change who has the authority to sell and whether Confirmation is needed for the property.
Can you get the house valued before Confirmation?
Yes. If the deceased person’s interest in the property forms part of the estate, you’ll need to establish what it was worth on the date they died for the estate inventory. Your solicitor can advise on the type of valuation you need and help you brief a surveyor.
The Home Report valuation serves a different purpose. It gives prospective buyers an indication of what the property is worth at the time of the survey. If some time has passed since the death, the two figures may differ.
Can you put the house on the market while you wait?
In many cases, yes. Once your solicitor has checked the title and confirmed who can give instructions, you can usually arrange the Home Report, appoint an estate agent and start viewings while the Confirmation application progresses. Most homes in Scotland need a Home Report before they go on the market.
If you’re preparing to sell a house before Confirmation is granted, tell your estate agent that the application is still pending. They can explain the position to interested buyers early, particularly if a buyer needs to move by a specific date.
If you’re planning to sell a house before Confirmation is granted, think about how much flexibility a buyer will need. Someone who has already sold their own home may be working to a tight deadline. Your estate agent can flag that when talking through offers with you.
Can you accept an offer before Confirmation is granted?
If you plan to sell a house before Confirmation is granted, you can consider offers, choose which one you’d like to proceed with and ask your solicitor to negotiate the terms.
If Confirmation is still pending, your solicitor may advise holding off on concluding missives or agreeing a firm date of entry. Even if the buyer is ready to move, a delay at the court could leave the estate unable to meet a date it has committed to.
When can the sale complete?
Where Confirmation is required, it must cover the property or the deceased person’s share before the executor can transfer ownership to the buyer. Your solicitor can carry out much of the conveyancing work in the meantime, so the sale can move towards settlement once Confirmation is in place and the remaining legal checks are complete.
If you’re responsible for selling a property after someone has died, we can help you work out what you can get started on now and when you can commit to a sale. Get in touch with Kaur Sutherland for help with Confirmation and the conveyancing.
