Selling Inherited Property: A Guide for 2026

You may have heard of “probate” but not fully understand what it means. Probate is the legal process of administering a deceased person’s estate (the money and property they leave behind). Any property you inherit is “probate property” and forms part of the deceased’s estate. Probate gives the chosen personal representatives the legal right to manage and distribute the estate. You cannot sell an inherited property until probate is granted (if probate is required).

Not everyone who sells inherited property needs to apply for probate. If the property was jointly owned at the time of death, it will automatically pass to the surviving owners.

If there is a mortgage on the property, contact the lender to find out if you need to apply for probate before selling.

|f probate is required before you can put the property on the market and the deceased left a will, you will need to apply to the Probate Registry for a “Grant of Probate”. If there is no will, the will is not valid, there are no named executors, or the executors are unable to fulfil their duty, you will receive “Letters of Administration”.

Note that the probate process in Scotland and Northern Ireland differs from that in England and Wales.

If there is a dispute over the contents of the deceased’s will or how it is administered, this is referred to as “contentious probate”. If this occurs, a solicitor representing one of the parties involved may enter a “caveat” to prevent a Grant of Probate from being issued. This gives everyone involved time to state their case and resolve the issues that have arisen.

A caveat is typically issued when more than one person is entitled to apply for probate, or the validity of the will is called into question; for example, there may be concerns that undue influence was exerted on the deceased to include certain beneficiaries.

A caveat can only be removed by issuing a warning. The person who entered the caveat must formally state their claim on the deceased’s estate — “an appearance” within eight days, or the caveat will be removed, and the probate process can resume. If an appearance is entered, only the Court can remove the caveat. This will only happen when the dispute is resolved. Hence, when probate is contested, and a caveat entered, this can lead to lengthy delays in the settlement of the deceased’s estate.

It takes between nine and 12 months to obtain the Grant of Probate on average in England and Wales. If the will is complicated or missing, essential documents cannot be located, or there is a disagreement between family members about how they should share the estate, the process will take longer. However, you can start preparing the house for sale as soon as you receive either a Grant of Probate or Letters of Administration.

Common causes of delay include:

• • Late application for a Grant of Probate — this can take up to three months to arrive from the time the application is received.

• • The executor cannot pay the inheritance tax due — the tax must be paid to HMRC before the Probate Registry will issue the Grant of Probate.

• • An unclear, invalid or incomplete will could lead to family fights that delay the process.

• • The named executor is unable to fulfil their responsibilities. If a named executor has passed away or becomes incapacitated since the will was written or refuses to undertake the role, another executor must be appointed, which can take time.

• • Named beneficiaries cannot be located — searching for the intended recipients of the deceased’s assets can add considerable delays.

• • The will is complex — if a will requires permissions or documentation from multiple third parties, delays are likely.

If the probate process takes longer than you were expecting and you’re keen to sell your house as soon as it’s completed, contact us for a free, no-obligation cash quote — we have the funds to buy your house in as little as 7 days!

You will need to pay an upfront fee for probate, but the amount due varies depending on who is applying and how much the deceased’s estate is worth.

If the estate is worth less than £5,000, there will be no probate fee to pay. If you appoint a probate specialist to guide you through the process, there will be an application fee of £155; going it alone will cost you £215. You will also have to pay £1.50 for each copy of the probate form required, and multiple copies are necessary to complete the process.

There are several options for those who choose to pay for professional help with the application process. A fixed fee specialist will calculate the amount payable based on an estimate of how much work will be involved in the application and how long it is likely to take.

Many probate specialists and solicitors will charge an hourly rate based on the estate’s value — between 1% and 5% of the estate’s value (+VAT) is typical. Banks also offer probate services, but these are often the most expensive options.

Managing probate without paying out for specialist help may be tempting, but if the will is complicated or problems arise later in the process, a layperson acting alone could incur higher costs in the long run due to mistakes and delays.

Will I Have to Pay Inheritance Tax?

Is the sale of inherited property taxable?

If the inherited property is worth more than £325,000, you will have to pay inheritance tax. Properties below this value fall in the Nil Rate Band (NRB). Married couples or those in a registered civil partnership are exempt from inheritance tax.

The higher inheritance tax threshold of £475,000 applies if the deceased left their estate to their children or grandchildren (including adopted, foster and stepchildren) and their total estate was worth less than £2 million.

A spouse or civil partner can transfer any unused NRB when they die to the surviving partner, potentially doubling the tax-free threshold to £650,000. When the surviving partner dies, their named beneficiaries will be able to take advantage of this higher threshold. This increased NRB is known as the Transferable Nil Rate Band (TNRB). If the deceased left their home or a share of it to their children or grandchildren, the tax-free threshold can be further enhanced by adding a Residence Nil Rate Band (RNRB) or “home allowance” on top of the NRB and TNRB.

The executor of the will is responsible for paying any inheritance tax due. If there is no will, the estate administrator performs this task. The money is usually transferred directly from the deceased’s bank account to HMRC via the Direct Payment Scheme (DPS). But it can also be paid from the proceeds of selling an inherited property.

Some people choose to rent their property out instead of selling it to avoid paying inheritance tax. However, the rental income from the property will be taxable.

Inheritance tax will be charged on the value of the property that exceeds the NRB (or the combined total of all eligible nil rate bands). For example, if the NRB is £325,000 and the property you inherit is valued at £500,000, you will pay tax on £175,000. The standard inheritance tax rate is 40%.

If the deceased left at least 10% of their estate to charity, the rate of inheritance tax may be reduced to 36%. The government website has a handy “Inheritance Tax reduced rate calculator” that can be used to give an idea of the amount due.

If your inheritance tax bill is higher than expected, save on the costs of selling your property by cutting out estate agents’ fees, legal fees and the expense of undertaking home improvements by opting for a guaranteed cash sale to House Buyer Bureau. Find out more about What We Pay.

Inheritance tax must be paid by the end of six months after the death occurred. After this, HMRC will start adding interest to the bill. The executor can choose to pay the tax on certain assets over 10 years, but interest will be charged on the balance. And if the asset is sold, the executor must pay off the full amount due.

What? I may have to pay MORE tax on my inherited property? If you already own a property that is your full-time residence and sell the inherited property for a profit, you will be liable for capital gains tax on the increase in value since the person’s death.

You must inform HMRC which is your main home within two years of inheriting. If you fail to do so before you sell one of the properties, they will decide which is your main home (and whether capital gains tax is due).

How much capital gains tax you pay will depend on:

• • Whether you are a basic, higher or additional rate taxpayer

• • The size of your financial gain

• • Whether the property is residential or commercial.

The tax rate can vary between 10% and 28%. Seek advice from a legal professional to make sure you understand how much you will be liable to pay.

If you inherit a house that you do not wish to live in or cannot use as your main residence, you can either sell the property or rent it out.

Renting out a second property for profit may seem appealing but being a landlord is not without headaches. It will be your responsibility to find and vet prospective tenants, ensure all necessary paperwork is in order, chase unpaid rent, and respond promptly and effectively to requests for maintenance and repair work.

Being a landlord can be an onerous task that many people do not have the time for — especially if they have work and family commitments and the responsibility of running their main home.

There will also be tax to pay on the rental income you earn and plenty of regulations and legislation to comply with, such as health and safety laws requiring landlords to arrange annual gas safety checks, provide smoke alarms and ensure wiring and electrical appliances are safe.

While many tenants are law-abiding and responsible, we’ve all heard the stories of “nightmare tenants” who refuse to pay their rent, cause considerable damage to a property, and must be evicted via a lengthy and expensive court process.

Many landlords engage the services of property management professionals to handle all the above. But this will be another expense to add to the list.

Selling is an attractive option for many people who have neither the time nor the inclination to take on the hassle of renting an inherited property out, and who would benefit from an immediate injection of cash.

As outlined above, there are no restrictions on selling an inherited property, but the process can be more complex and prone to delays than selling a non-probate property.

The first step to take when you are notified of your inheritance is to confirm your status as the new owner. This will involve determining if there is a will and applying for probate.

Next, make sure that the property is secure. It is not a good idea to leave a house full of furniture and personal belongings unoccupied for any length of time. Remove any valuables and make sure that windows and doors are locked. Depending on how long the property is likely to sit vacant, installing a few CCTV cameras may be a good idea.

If a property is unoccupied for long enough, maintenance issues can cause significant damage and expense if left unattended. There is also a greater risk of fires, pest infestations and accidents. Ensure that the electricity, gas and water supplies are switched off and that smoke alarms are active.

The property owner’s death could terminate any insurance that covered the property when they were alive. As soon as possible, contact the insurance provider to inform them of the owner’s death and discuss what this means for insurance purposes. Some lenders will allow the policy to run until it expires, but others may terminate it 30 days after the policyholder’s death.

If the property is likely to remain unoccupied after the current insurance policy lapses or for longer than the continuing policy allows — typically 30 days — you must take out “unoccupied home insurance”. This may carry certain responsibilities, such as periodically visiting the property to check it is secure and in a good state of repair. Policies will differ, but all good unoccupied-home insurance should cover fire, flood, storms, theft and attempted theft, vandalism, damage from impact and damage from oil or water. There are some common exclusions to look out for, such as burglary through forced entry, works undertaken by builders and contractors (they should have their own insurance) and damage caused by major renovation work.

If you fail to inform the insurance provider that the property is empty, your policy could be invalidated, and if you try to make a claim, the provider may refuse to pay out.

An empty, uncared-for property will be more difficult to sell. Engage professional help to speed the probate process along and maintain the property to a good standard if you want a quick sale.

You may need to make some improvements before marketing the property. Check out our guide on How to Add Value to Your Property Before a Sale.

No, you can take as long or as little as you like to sell inherited property. The only thing that can affect this (in a way) is probate, as you need to be granted probate before you can sell an inherited property so this can sometimes delay your sale if you’re looking to sell quickly. Otherwise, you are free to sell the property you inherited at any time that suits you.

To sell an inherited property, in most cases, you’ll need to have been granted probate. When applying for probate, you’ll need to provide the following documents:

• • Death certificate

• • Will

• • NI number of the deceased

• • Property deeds

• • Information about the house repayments

• • Bank or building society statements.

Once you’ve been granted probate, selling an inherited property is exactly the same as a regular property, and you’ll need the following documents:

• • Proof of identity and address

• • Property title deeds

• • Energy Performance Certificate (EPC)

• • A fittings and contents form (TA10 form)

• • A property information form

• • An Electrical Installation Report (EICR)

• • Certificates for windows and doors, if replaced since 2002

• • Planning permission, if relevant

• • Replacement boiler documentation, if relevant

• • Mortgage information.

For more information on each of the different types of documents needed to sell a house, read more here.

Vacant probate property is appealing to many buyers because they can move in as soon as the sales process is completed, and there is no risk of property chain problems. However, if the property is in a poor state of repair or has dated appliances and decor, it may be difficult to sell.

Carrying out major building and renovation works takes considerable time and money, but they could help secure a buyer and a higher sale price. If you decide to update the property, make sure that any improvements you make are a worthwhile investment — will they boost the sale price significantly enough to cover the cost of the work, plus a tidy profit? If not, why spend the time and money?

For many people, renovation is not an option due to limited time and resources or because the changes required would not deliver a healthy return on investment. Making major alterations to a loved one’s home can also be upsetting for many people who inherit property, and a quick house sale is their preference.

The length of time it takes to sell an inherited property can vary depending on a variety of factors, including the property’s condition, location, and the local real estate market. There may also be further delays caused by complications around the inheritance, such as disputes between inherited or problems with probate.

One of the most significant factors that can impact the length of time it takes to sell an inherited property is its condition. If the property is in good condition and requires little to no repairs or renovations, it may sell quickly. However, if the property requires extensive repairs or renovations, it may take longer to sell. Prospective buyers may be hesitant to purchase a property that requires a significant amount of work.

Another factor that can impact the length of time it takes to sell an inherited property is its location. Properties located in desirable areas with high demand may sell more quickly than those located in less desirable areas. In some cases, properties located in remote or rural areas may take longer to sell, as there may be fewer potential buyers interested in these types of properties.

The local real estate market can also impact the length of time it takes to sell an inherited property. In a seller’s market, where there is high demand and limited inventory, properties may sell more quickly. However, in a buyer’s market, where there is a lot of inventory and few buyers, properties may take longer to sell.

Yes. When a property comes from your parents, you must first establish legal ownership through probate (or Letters of Administration if there’s no will). You should also consider potential inheritance tax and future capital gains tax when selling. Additionally, managing an empty inherited property safely and deciding whether to renovate or sell as-is are important factors that can affect the speed and ease of the sale. Please read our inheriting house form parents guide to learn more.

Several factors can cause delays in the process of selling an inherited property.

One common delay is disputed among inherited. If there are multiple heirs, they may have different opinions on how to sell the property or what price to list it at, which can delay the sale.

Another factor that can cause delays is the probate process. When a property is inherited, it typically must go through the probate process, which can take several months or even years, depending on the complexity of the estate. During this time, the property may not be able to be sold.