Selling in Probate

From verifying the executor’s right to sell, to obtaining a Grant of Probate, preparing the contracts, and handling the transfer of ownership, the McCarthy + Co team provides seamless support throughout the process of selling a property in probate.

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Old house representing a property to be sold in probate

Navigating a Probate Property Sale With Confidence

At McCarthy + Co, we understand that administering the estate of someone who has died is rarely easy. Alongside the loss of a relative or friend, you may find yourself responsible for selling their property, often for the first time. Our team works to make this part of the process as straightforward and stress-free as possible, with seamless legal support from start to finish.

At McCarthy + Co Solicitors LLP, our conveyancing team is led by Joseph McCarthy, who has extensive experience in both conveyancing and probate, including the sale of a property as part of administering an estate. Joseph and his team handle the legal process with care and efficiency, so that you can focus on everything else at what is often a difficult time. We assist with:

Expert legal advice – We advise on every aspect of the probate process, helping you understand your responsibilities and rights, whether you are acting as an executor or an administrator.
Obtaining legal authority – We help you obtain the Grant of Probate or Letters of Administration, the legal authority you need before the property can be sold.
Property valuation and sale – We advise on obtaining a fair market value, managing negotiations, and ensuring the terms of sale serve the best interests of the estate.
Financial management – We help calculate and settle the estate’s outstanding debts and taxes, so that every financial obligation is dealt with correctly.
Document handling – From drafting the contract for sale to completing the transfer of ownership, we make sure all documentation is accurate and legally compliant.
Beneficiary communication – We keep all beneficiaries informed, providing clear and regular updates throughout the sale.
Resolving disputes – Where disagreements arise, we help you reach a resolution that serves the best interests of everyone involved.
Distribution of proceeds – After the sale, we oversee the distribution of the proceeds among the beneficiaries, in line with the will or the rules of intestacy.

We are committed to guiding you through the complexities of a probate sale with both expertise and empathy. To get started, arrange a consultation with one of our conveyancing solicitors by completing our confidential online form.

“Joseph McCarthy was an excellent lawyer. He really was generous with his time and gave us great advice. Would be very happy to recommend him.”

Fiona O'Connell

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1800 390 555

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP and has been an integral member of the team since 2013. He is a highly experienced conveyancing solicitor, helping homeowners and prospective homeowners throughout the process of buying and selling their properties. Whether clients are selling, purchasing their first home, or moving to a new one, Joseph guides them through every stage with a problem-solving approach and a genuine commitment to making the experience as straightforward as possible.

Joseph’s client-focused mindset shapes his work, as he is known for keeping clients well informed and connecting them with the right expert whenever a matter falls outside his area. If you are selling a property in probate, or dealing with any other property matter, and would like trusted, attentive advice, you can contact Joseph directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to buying a property.

What is a Grant of Representation?

A Grant of Representation is the legal authority that allows a person to deal with the estate of someone who has died, including selling their property. There are two main types:

Grant of Probate – Issued where the deceased left a valid will naming one or more executors. It confirms the validity of the will and the executors’ authority to administer the estate in line with its terms.
Letters of Administration – Issued where there is no valid will, or where a will exists but no executor is able or willing to act. They give an administrator, usually a close relative, the authority to manage and distribute the estate, following the will where there is one, or the rules of intestacy where there is not.

Whichever applies, the grant is what enables the executor or administrator to sell property, close accounts, and deal with any tax owed by the estate.

Do I need a Grant of Representation before I can sell the property?

You can put the property on the market, and even agree a sale, before the grant issues, but you cannot complete the sale until it has. This is because the executor or administrator needs the grant to prove their authority and to transfer good title to the buyer. For that reason, it is sensible to begin the probate application early, as the timing of the grant often determines when the sale can close. We can progress both matters in parallel to help avoid unnecessary delay.

Do I need a solicitor to sell a property in probate?

It is not always mandatory, but it is strongly advisable, particularly where the estate is at all complex. A probate sale combines the probate process with conveyancing, involving detailed paperwork, tax considerations, and sometimes competing interests among beneficiaries. A solicitor can obtain the grant, manage the sale, ensure the estate meets its legal obligations, and help resolve any difficulties that arise, which protects both you and the beneficiaries.

When must a solicitor be appointed?

In some situations, the Probate Office will not accept a personal application, and a solicitor must be instructed. These include where:

The person entitled to apply is under 18, or lacks the mental capacity to manage the application.
The validity of the will is in question, or the will is being contested.
There are disputes among the next of kin about the estate.
A beneficiary other than the deceased’s spouse, who is entitled to €20,000 or more, lives outside Ireland, and the person applying for the grant also lives outside Ireland.
The deceased lived outside Ireland, and either died without a will or left a will in a foreign language.

The Probate Office may also require a solicitor in any other case where it considers one necessary.

Will there be tax to pay on the sale?

There can be. If the property sells for more than its value at the date of death, the increase may be subject to capital gains tax, currently charged at 33%, payable by the estate. Separately, the beneficiaries who inherit may have a Capital Acquisitions Tax, or inheritance tax, liability, depending on their relationship to the deceased and the value they receive. We will help identify what applies, though we would always recommend specific tax advice where the figures are significant.