Cox & Walsh — Estate agents with a difference

Probate & estate administration

A clear property reference point for an estate.

Dealing with a property after a bereavement can involve several decisions at once. A probate valuation instruction should begin with the estate’s needs, the property interest and the date the personal representative or solicitor requires.

Establish the date before the figure

Estate administration commonly requires information about property value at the date of death. Revenue’s probate guidance includes the value of the deceased person’s property interest at that date. That is different from simply asking what the property might achieve if marketed today.

Other tax or estate decisions may require a different effective date. In particular, the Capital Acquisitions Tax valuation date is not automatically the date of death in every inheritance. The solicitor or tax adviser should identify the relevant requirement so the property opinion answers the correct question.

Understand the property and the interest held

We discuss the address, accommodation, land and buildings, condition at the relevant time and any material changes since then. Ownership, occupation and the exact interest to be valued should be clarified through the estate’s advisers.

For an older effective date, evidence may include historic photographs, records of condition and contemporary comparable information. The report should distinguish what has been inspected now from information used to understand the property at the earlier date.

Practical handling of the instruction

It helps to know who can authorise access, which solicitor is handling the estate and whether there are other parties who need to be kept informed. We agree the intended recipient, scope, fee and report requirements before proceeding.

If a sale is also being considered, we can discuss a separate current market appraisal and marketing plan. Keeping the instructions distinct avoids confusing an estate valuation with an asking-price recommendation.

Your questions, answered.

Can the probate value be used as today’s asking price?

Not automatically. The effective date, condition and purpose may differ. A current sales appraisal should consider the property and market at the time of the proposed sale.

Who decides which valuation date is needed?

The personal representative should confirm the requirement with the solicitor or tax adviser handling the matter. We then agree the valuation instruction against that requirement.

Sources and further reading

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