What happens if the seller dies before completion?

The death of a seller during a property transaction is distressing for the family and unsettling for the buyer. It does not automatically end the sale, but it can change who has authority to complete and how long things take.

The answer depends mainly on two things: whether contracts have been exchanged, and how the property was owned.

If the seller dies before exchange of contracts

Before exchange there is no binding contract. The seller's death means that, in practice, the transaction pauses. Nobody else can sign the contract on the seller's behalf until the right people have legal authority.

A lasting power of attorney ends on death, so an attorney who was helping the seller can no longer act. Instead, the seller's personal representatives (executors named in a will, or administrators if there is no will) take over. They usually need a grant of representation, often called probate, before they can sell.

The personal representatives may decide to continue with the sale, perhaps to the same buyer, or not. As a buyer, you are free to wait, renegotiate or look elsewhere. Your conveyancer can advise whether it makes sense to keep the transaction open.

If the seller dies after exchange of contracts

Once contracts are exchanged, the contract is binding not just on the seller but on their estate. The death does not cancel it. The seller's personal representatives step into the seller's shoes and are obliged to complete.

Sole owner

If the seller owned the property alone, the personal representatives generally need a grant of probate or letters of administration before they can complete and give the buyer good title. Obtaining a grant takes time, so completion on the original date may not be possible.

You can see how the process works on the government's applying for probate page. Timescales vary, so avoid relying on a particular date until your conveyancer confirms the position.

Joint owners

If the property was jointly owned, the position depends on how it was held:

• Joint tenants: the deceased's share usually passes automatically to the surviving owner. The survivor can often complete the sale, producing a death certificate, without waiting for probate.
• Tenants in common: each owner's share passes under their will or intestacy. To give the buyer a clean title, the transfer usually needs to be signed by two trustees, so a second trustee may need to be appointed, or the personal representatives brought in.

Your conveyancer will check the title register and the seller's conveyancer will explain how they intend to complete.

What happens if completion is delayed?

If the seller's estate cannot complete on the contractual date, it is technically in breach of contract, in the same way as any late completion. The standard conditions used in most residential contracts include provisions for compensation for late completion and allow a notice to complete to be served.

In practice, buyers often agree a sensible extension rather than take formal action against a grieving family, particularly where probate is clearly in progress. But you are entitled to protect your position. If you are part of a chain, or have your own sale to complete, discuss your options with your conveyancer promptly. Our guide on what happens when a seller fails to complete after exchange explains notices to complete in more detail.

Practical issues for the buyer

• Mortgage offer expiry: if completion is delayed, check when your mortgage offer expires and whether it can be extended.
• Your own sale: if you are selling too, you may need to negotiate a delay with your buyer or arrange temporary accommodation.
• Insurance: you should normally have buildings insurance from exchange. Keep it in place during any delay.
• Vacant property: if the seller lived alone, the property may be empty. Ask about security, heating and access for any final checks.

Communication and sensitivity

Most of the contact after a seller's death will be between the conveyancers, which helps keep things professional and calm. Expect the family to need some time, and expect the seller's conveyancer to take instructions from the executors rather than from the estate agent. Clear written updates on when the grant is expected help everyone plan.

What if the buyer dies?

The same principles apply in reverse. After exchange, the buyer's estate is generally bound to complete, although in practice the parties may agree a different outcome. Mortgage offers usually fall away on the borrower's death, which can create real difficulties for the estate.

Buying a property that is already being sold by executors

Many properties are sold by personal representatives after a death. These are usually called probate sales. If the grant has already been issued, the sale can proceed much like any other, although executors may provide fewer answers about the property's history. Our page on specialist conveyancing services covers probate sales and other non-standard transactions, and our guide to selling a house before probate is granted explains the timing.

Scotland and Northern Ireland

In Scotland, executors usually need "confirmation" rather than probate, and the sale process is based on missives. Northern Ireland has its own probate procedures. This guide is for England and Wales.

How we can help

If you are buying or selling where a death has affected the transaction, a regulated conveyancer can guide you through it. Get a free, no-obligation quote and mention the circumstances so the firm can plan accordingly.

This guide is general information about the law in England and Wales as at the date shown above. It is not legal advice. Every property is different, so ask your conveyancer about your own situation. More in Specialist conveyancing.