Why Estate Agents Need to Verify Authority

Estate agents are required by law to carry out anti-money laundering (AML) checks on their clients. For a probate sale, this means verifying the identity of the executor and confirming that they have the legal authority to sell the property. An agent who lists a property without carrying out these checks risks breaching their legal obligations. Executors should expect to be asked for identity documents and evidence of their authority before the property is listed.

Identity Documents

The estate agent will need to verify the identity of each executor who is instructing them. Standard identity verification requires:

• One form of photographic ID — such as a passport or driving licence
• One form of proof of address — such as a recent utility bill, bank statement, or council tax bill (usually dated within the last three months)

Evidence of Authority to Sell

The agent will also need to see evidence that the executor has the legal authority to deal with the estate. Before probate is granted, this typically means:

• A copy of the death certificate
• A copy of the will (showing the executor named)

After Probate Is Granted

Once the grant of probate has been issued, the agent will need to see a copy of the grant. The grant of probate is the official document issued by the Probate Registry confirming the executor's authority. It is a public document and can be obtained in multiple certified copies — executors should order enough copies to provide to the estate agent, the conveyancing solicitor, and any other parties who require it.

Property Information

In addition to identity and authority documents, the estate agent will need information about the property itself in order to prepare the listing. This typically includes:

• The property address and title number (if known)
• Details of the tenure — freehold or leasehold
• For leasehold properties: the length of the remaining lease, the annual service charge, and the ground rent
• Any known issues with the property that must be disclosed
• Details of any ongoing disputes or legal proceedings affecting the property
• Council tax band
• Energy Performance Certificate (EPC) — required before the property can be marketed

Energy Performance Certificate

An EPC is a legal requirement before a property can be marketed for sale. If the property does not have a valid EPC (EPCs are valid for ten years), one must be obtained before the listing goes live. The estate agent can usually arrange this, or the executor can instruct an accredited domestic energy assessor directly. The cost is typically between £60 and £120.

Preparing in Advance

Gathering these documents before instructing the estate agent will avoid delays at the point of listing. Executors should:

• Obtain certified copies of the death certificate (at least five to ten)
• Locate the original will and make copies
• Prepare identity documents for all instructing executors
• Check whether a valid EPC exists for the property
• Obtain the title number from HM Land Registry if not already known
• Note any known issues with the property that will need to be disclosed

What the Agent Will Do With These Documents

The estate agent will use the identity documents to complete their AML checks and will retain copies on file. The death certificate and will (or grant of probate) confirm the executor's authority. The property information forms the basis of the listing. The agent is not permitted to share these documents with third parties without the executor's consent, and they are required to handle them in accordance with data protection law.