Can an executor sell a house that is in probate?

An executor can arrange the sale of a property, but the sale cannot be legally completed until probate has been granted.

Selling a house in probate: a guide

Q: What should I do first after inheriting a property?

You should first secure the property, locate the will, and contact a solicitor. You should also notify insurers and utility providers to ensure the property remains protected while probate is arranged.

Q: When is a house in probate?

A house is in probate from the time the owner passes away until the Grant of Probate or Letters of Administration is issued and the estate is settled.

Q: If a property is jointly owned, do you still need probate?

If the property was owned as joint tenants, it usually passes automatically to the surviving owner without probate. If owned as tenants in common, probate is required for the deceased’s share.

Q: How long does the probate process take in the UK?

On average, probate takes between 6 and 12 months in the UK. It may take longer if the estate is complex, disputed, or subject to inheritance tax queries.

Q: Can a beneficiary sell a property in probate?

No. Only the executor or administrator has the legal authority to sell a probate property, and only once probate has been granted.

Q: What happens if there is more than one beneficiary?

All beneficiaries must agree to the sale of the property. Disputes between beneficiaries can delay the sale and may require mediation or legal advice.

Q: Can an executor put a property on the market before probate is granted?

Yes, a property can be marketed and offers can be accepted before probate, but contracts cannot be completed until probate is granted.

Q: How long after probate is granted can you sell a house?

A property can be sold immediately after probate is granted. There is no required waiting period once legal authority has been issued.

Q: Can you live in a house during probate in the UK?

Yes, you can usually live in the property during probate with the agreement of the executor and any co-beneficiaries, provided you cover running costs and maintain the property.

Who can apply for probate?

The person responsible for applying for probate is usually the executor named in the deceased’s will. An executor is an individual appointed by the deceased to carry out their wishes and administer their estate. If there is no will, the closest living relative can apply for probate.

How long does probate take?

Grant of probate is typically granted within 16 weeks of application, although it can take longer if you need to provide additional information during the process. Collecting all the information at the start can speed up the process.

Can you sell a property before probate is granted?

The short answer is: no, but you can start the process.

You can put the property on the market, conduct viewings and even accept an offer before probate is granted. But you won’t be able to complete the sale until the probate process is legally finalised. This can be frustrating, especially if you’re keen to sell quickly, but there are ways to keep things moving smoothly while waiting for probate.

Here are a few things to keep in mind:

Check if probate is needed at all
- If the property was jointly owned and the surviving owner is still living there, probate might not be necessary.
Get the probate application started ASAP
- The sooner you apply, the sooner probate will be granted – keep in mind that probate takes an average of 9-12 months.
Keep buyers informed
- Let potential buyers know that the sale is subject to probate. This helps to avoid conflict or confusion further down the line.
Work with a cash buyer
- Some specialist cash buyers, like House Buyer Bureau, can offer more flexibility and help navigate the probate sale process efficiently.

While you can’t legally finalise the sale before probate is granted, you can lay all the groundwork so that once you have the legal green light, the process is smoother.

How to sell a house in probate: a checklist

1. Secure the house

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An unoccupied house can be a beacon for criminals, especially if it’s still full of furniture and belongings. Remove anything portable that has a high monetary or sentimental value and make sure that windows and doors are locked. If there’s a burglar alarm, turn it on.

If you have particular concerns about the area or foresee the property standing empty for some time, it might be worth investing in a basic CCTV system. Be sure to follow government guidance on the acceptable use of home security equipment.

2. Insure the property

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There is a greater risk of maintenance issues developing and going unnoticed in an empty property compared to one where someone is there day to day. Make sure that the electricity, gas and water supplies are turned off, and that the smoke alarms all work.

The property owner’s death will result in any insurance policies being terminated — some will do this immediately, while others will allow a grace period of 30 days. You will need to take out “unoccupied home insurance” to cover the property until you sell it.

3. Contact the council and utilities companies

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There are many organisations to notify of the owner’s death – the most important ones to contact in the first instance are the local council and the utility companies.

The council may offer a reduced council rate if the property will be sitting empty for some time. Contacting the utility companies and the internet, and landline providers will prevent bills from creeping up for services that are no longer being used.

4. Value the property

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Do your own research online by comparing the recently sold prices of similar properties in the area to give you an idea of how much the property is worth. However, valuing a probate property is more complex than a standard house valuation, so you should invite several estate agents to value the property. We can provide a valuation to help you understand its cash value.

If the property is likely to be worth over £325,000, there will probably be inheritance tax to pay, unless you fall into one of the categories of exemption. If you’re liable to pay tax, we’d recommend using the services of a Chartered Surveyor who has the necessary experience to provide a valuation for inheritance tax purposes.

5. Investigate your tax obligations

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Once you have an accurate valuation of the property, you will be able to determine if inheritance tax is due. This will depend on a few factors, such as your relationship to the deceased and how much the house is worth. The standard rate of inheritance tax is 40%.

Seek professional legal advice to make sure you understand the law and how it applies to you. Your solicitor will provide you with the relevant forms and explain the process of paying any money due.

Check out our blog: “What are the taxes when selling a house”.

6. Start the probate process

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If the deceased left a will, you need to apply to the Probate Registry for a “Grant of Probate”. If there is no will or the will is not valid, the deceased died “intestate”, and you will need to apply for “Letters of Administration” instead.

If inheritance tax is due, you will need to provide the receipt from HM Revenue & Customs (HMRC) to prove this has been paid.

7. Market the property

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Once the probate process is complete, you can sell the property just as you would any other residential building — market it with an estate agent, register it for auction, find a private buyer or sell to a house cash buying company.

If you’re keen to sell the house fast, we can buy your property in as little as 7 days. There’s no need to spend time and money on home improvements, you won’t have to endure endless viewings, and there are no estate agents or legal fees to pay. Our service also provides a hassle-free solution for people who have inherited a hard-to-sell house that is unappealing to buyers and probably in a poor state of repair.

8. Instruct a legal professional

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Once probate is complete, find a solicitor or conveyancer to handle the legal aspects of the sale. They’ll liaise with the buyer on your behalf, manage negotiations and ensure the paperwork is in order.

Your legal representative will work with you and the buyer’s solicitor or conveyancer to coordinate the exchange of contracts and completion of the sale. House Buyer Bureau customers have access to our legal representatives at no cost to them.

Do you need to sell your house fast?

If you’re in a hurry to sell and want a guaranteed sale, selling to House Buyer Bureau is quick and easy, and we’ll buy any house in any condition. If you need guidance on selling an inherited property or want a quick, hassle-free sale, we’re here to help.

Get in touch today to get your offer.

Probate and house sale FAQs

What should I do first after inheriting a property?

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Your first priority should be to secure the property, locate the will and contact a solicitor. You should then notify insurers and utility providers to keep the property protected. The UK government has helpful content to guide you through the process of applying for probate.

When is a house in probate?

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A house is considered to be in probate from the moment the owner passes away until the Grant of Probate (or Letters of Administration) is issued and the estate is settled. During this time, the property is legally under the control of the executor or administrator and cannot be sold or transferred without probate being granted.

What if the property is jointly owned? Do I still need probate?

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If the property was owned as joint tenants, it passes automatically to the surviving owner without probate. If it is owned as tenants in common, probate is required for the share of the deceased.

How long does the probate process take in the UK?

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On average probate takes 6–12 months in the UK. Delays can occur if the estate is complex, there are disputes or HMRC has lots of queries about inheritance tax.

Can the executor sell a house that is in probate?

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The executor can sell the house, but they have to wait until probate is granted before the sale can be completed.

Can a beneficiary sell a property in probate?

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No, only the Executor or Administrator has the legal authority to sell a property in probate, and only once they have the grant of probate (or letters of administration where there is no will).

What happens if there is more than one beneficiary?

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All beneficiaries must agree on the sale of a property. Disputes between beneficiaries can be a common reason for delays in the sale of probate property, and they often require mediation or legal intervention.

Can an Executor put a property on the market before probate is granted?

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Yes, a property can be advertised for sale and offers can be accepted, but you cannot legally complete the sale until probate is granted.

How long after probate is granted can you sell a house?

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As soon as probate is granted, the executor or administrator can legally complete the sale of the property. There’s no minimum waiting period, so if you’ve already got a buyer lined up, contracts can be exchanged immediately.

Can you live in a house during probate in the UK?

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Yes, you can usually live in the property during probate, provided you have the agreement of the executor or co-beneficiaries. You’ll need to maintain the home and cover the costs, including utilities, council tax and insurance.

How do I get a property valued for probate and sale?

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You’ll need a professional valuation, usually from a RICS surveyor and/or multiple estate agencies. This is the only way to satisfy HMRC and set a fair market price.

How do you value items in a house for probate?

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To value items for probate, you should:

Make an inventory of all possessions, including furniture, jewellery and valuable items.
Get professional valuations for high-value assets such as antiques, artwork or collectables.
Use estate agent appraisals for the property itself.
Keep records of valuations and any evidence used to support them, as HMRC may request details.

Do you pay stamp duty when buying a house in probate?

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Yes, if you buy a house in probate, you still have to pay Stamp Duty Land Tax (SDLT) as you would with any other property purchase.

If you inherit a property, you don’t pay stamp duty – but you may be liable for inheritance tax (depending on the estate’s value).

Chris

Chris has worked in property all his career, first as a successful estate agent before spotting a gap in the market for buying property directly from people looking for a simple, quick sale.

He has a passion for property and as an experienced valuer, has looked at well over 50,000 properties so far at HBB. He has extensive experience in property buying and regularly comments in the press on property matters, trends and promotes ways to simplify and speed up the selling process.

View articles by Chris