Property Valuation For Probate

Mon 11 Mar 2024

Selling a home is often a joyous and exciting time for many people, but this isn’t always the case. There are times when selling a home is a difficult task, even before you deal with solicitors, lawyers and financial professionals.

If someone you know and love has died, and you are dealing with their estate and property, you need help and guidance. At ADM Residential, we offer specialist house-selling services in all instances, including probate matters. The first proper stage of the process begins with an effective costing for probate, but we will take you through every step of property valuation for probate.

What is probate?

Probate is a legal process that occurs after a person's death which involves the distribution of their assets according to their will or, in the absence of a will, according to the laws of intestacy. The probate process ensures that the deceased's debts and taxes are paid and that their personal belongings are transferred to the rightful beneficiaries.

One of the most crucial aspects of the process is the valuation of the deceased's property. Property costing plays a significant role in determining the total value of the entire estate, which is essential for several reasons.

Dealing with Inheritance Tax is important

Firstly, it helps to establish the amount of Inheritance Tax (IHT) that may be due on the estate. Secondly, accurate valuation ensures that the belongings are distributed fairly among the beneficiaries, minimising the risk of disputes or legal challenges.

Lastly, it provides transparency and clarity for all parties involved in the process.

We help you understand probate

Given the importance of valuation in probate, it is essential to understand the various aspects involved, such as the types of properties subject to valuation, the methods used, and the factors that can influence the value of a property.

This comprehensive guide aims to provide readers with a thorough understanding of valuation for probate, enabling them to navigate this complex process with greater confidence and ease.

Probate process in the UK

In the UK, the process typically involves the following steps:

Determining if probate is required

Probate may not be necessary for small estates or if the benefits were jointly owned.

Applying for a Grant of Representation

The executor named in the will (or an administrator if there is no will) applies for a Grant of Probate (if there is a will) or a Grant of Letters of Administration (if there is no will).

Identifying and valuing the assets

The executor or administrator must identify and value all of the deceased's belongings, including property, investments, and personal possessions.

Paying debts and taxes, including Inheritance Tax

The executor or administrator must settle any outstanding debts and pay Inheritance Tax (IHT) due on the estate.

Distributing the remaining assets

Once debts and taxes have been paid, the executor or administrator distributes the remaining benefits to the beneficiaries according to the will or the laws of intestacy.

Probate in the UK can be complex and time-consuming, particularly for larger or more complicated estates. It is essential to seek professional advice from a solicitor or probate specialist to ensure that the process is handled correctly and efficiently.

The Role of Property Valuation in Probate

If you’re wondering why or if a property valuation is important or necessary during the probation process, please consider the following points:

Determining the probate value of the estate: An accurate property valuation helps to establish the total value of the deceased's estate, which is essential for calculating any Inheritance Tax (IHT) due and ensuring that the benefits are distributed fairly among the beneficiaries.

Providing a basis for the distribution of assets: The valuation serves as a reference point for the executor or administrator when distributing the belongings to the beneficiaries, helping to ensure that each beneficiary receives their rightful share of the estate.

Facilitating the sale of the property: If the property needs to be sold as part of the process, an accurate valuation helps to set a realistic asking price and ensures that the estate receives a fair value for the property.

How property valuation affects the distribution of assets

The property costing directly impacts the distribution of belongings in the following ways:

Determining the share of each beneficiary: The value of the property, and other benefits, determines the total probate value. This, in turn, affects the share of the estate that each beneficiary is entitled to receive according to the will or the laws of intestacy.

Influencing the decision to sell or retain the property: The property valuation may influence the executor or administrator's decision to sell the property or retain it for the beneficiaries, depending on factors such as the beneficiaries' preferences, the property's condition, and market conditions.

Consequences of inaccurate property valuation

An inaccurate property costing can have several negative consequences:

Incorrect Inheritance Tax (IHT) calculations: An inaccurate valuation may lead to an incorrect calculation of the inheritance tax due on the estate, potentially resulting in paying more inheritance tax, or underpaying it.

Disputes among beneficiaries: If the property is undervalued or overvalued, it may lead to disputes among the beneficiaries, who may feel that they have not received their fair share of the estate.

Legal challenges: In some cases, an inaccurate property valuation may result in legal challenges to the probate process, causing delays and additional costs for the estate.

For your peace of mind, and ensuring tensions aren’t heightened during a challenging time, an independent, honest and accurate property valuation is worthwhile, for all concerned.

Valuation Methods for Probate

The main valuation methods are valid for the probate value, which means an estate agent or valuer will consider:

• Market Value Approach
• Comparable Sales Approach
• Income Capitalisation Approach

There are merits and challenges with all of these approaches, which we’ve examined in greater detail in our valuation page. The important thing is to choose the most appropriate method, and this can differ from property to property.

We’ll discuss your aims and needs with your property, and we’ll decide the method that is best suited to what you hope to achieve.

Probate Valuation – The Same Factors Matter In Property Valuation

The factors that influence a property value, and which we look for during the property valuation process, don’t change, regardless of the reason for the property valuation. This means the same factors are relevant for a probate valuation, as for someone selling their home or a homeowner looking for an insurance valuation.

The key factors we consider for a property valuation include:

• The location of the property, and the neighbourhood
• The age of the property, and it’s condition
• Market conditions, buyer demand, the supply of homes in the area and trends in the market
• Any unique features of the property or local area
• Any improvements carried out on the property

These are all important factors, and it emphasises why it is best for you to employ the services of a local estate agent. You can employ an online or national agent to obtain your house value, and it will make many valid points, but it might fail to capture the true value, and essence, of a property.

Not all estate agents are the same

We know you have many estate agents to choose from, but not all estate agents are the same. If you're looking for skilled and experienced local estate agents in and around Huddersfield, you need ADM Residential, so call us today to arrange your professional valuation for probate purposes.