How Long Does Probate Take Before You Can Sell?
The probate timeline and when you can legally market and sell a deceased person's property.
What you need to know
In England and Wales, the grant of probate typically takes eight to sixteen weeks from the date of application. You can market the property before the grant is issued, but you cannot exchange contracts or complete the sale until it arrives. With careful planning, you can run marketing in parallel with the probate application to compress the overall timeline from death to completion.
- The Probate Registry currently takes 8 to 16 weeks to issue a grant of probate from submission of a complete application.
- You can market the property and accept offers before probate is granted, but exchange and completion cannot happen until the grant is received.
- The total timeline from death to sale completion is typically 6 to 12 months for a straightforward estate.
- Running the marketing period in parallel with the probate application is the most effective way to reduce the overall timeline.
- Properties held as joint tenants pass automatically to the surviving owner and do not require probate to be sold.
Pine handles the legal prep so you don't have to.
Check your sale readinessOne of the most common questions executors and beneficiaries ask after a bereavement is how long they will have to wait before they can sell the deceased person's property. The answer depends on several factors, including how the property was owned, the complexity of the estate, and whether inheritance tax is due.
This guide explains the probate timeline in England and Wales, when you can legally market and sell the property, and what you can do to avoid unnecessary delays. For the broader process of selling after a death, see our detailed guide on selling a house after probate.
What is probate and why is it needed to sell?
Probate is the legal process of confirming that a deceased person's will is valid and that the named executors have the authority to deal with the estate. The grant of probate is the document issued by HM Courts & Tribunals Service (the Probate Registry) that gives executors this authority. If the deceased died without a will (intestate), the equivalent document is called letters of administration.
The grant of probate is essential because no buyer's solicitor will allow a sale to complete without seeing it. It is the proof that the person selling the property has the legal right to do so. Without it, the title cannot be transferred at HM Land Registry.
There is one exception: if the property was held as joint tenants, the deceased's share passes automatically to the surviving owner by right of survivorship. In this case, probate is not required to sell the property. The surviving owner registers the death at HM Land Registry using a DJP form and can then sell as the sole owner.
The probate timeline: how long each stage takes
The probate process involves several stages, each with its own timeline. The total time from death to receiving the grant depends on how quickly each stage is completed and whether any complications arise.
| Stage | Typical timeline | What is involved |
|---|---|---|
| Register the death | 1 – 2 weeks | Must be done within 5 days in England and Wales. Obtain certified copies of the death certificate (you will need several). |
| Value the estate | 2 – 6 weeks | Obtain property valuations, contact banks and financial institutions for asset values, establish all liabilities. The property valuation becomes the probate value used for IHT and CGT calculations. |
| Deal with inheritance tax | 2 – 8 weeks | Complete the IHT return (IHT400 for taxable estates, or a simplified return for excepted estates). Pay at least the first instalment of any IHT due before applying for probate. |
| Submit probate application | 1 – 2 weeks | Apply online through GOV.UK or by post. Submit the original will, death certificate, and IHT forms. Pay the £300 application fee. |
| Probate Registry processing | 8 – 16 weeks | HM Courts & Tribunals Service reviews the application and issues the grant of probate. Digital applications are generally processed faster than paper applications. |
| Total: death to grant | 3 – 6 months | Assumes a straightforward estate with no disputes or HMRC enquiries. Complex estates can take significantly longer. |
These timescales are averages for straightforward estates. If the estate includes business assets, overseas property, or the will is contested, the process can take considerably longer. The Probate Registry publishes its current processing times on GOV.UK, and these fluctuate depending on demand and staffing levels.
What you can and cannot do before probate is granted
Understanding the distinction between marketing and completing a sale is crucial for executors who want to minimise the overall timeline. Here is what the law allows:
What you can do
- Instruct an estate agent and begin marketing the property, including listing on Rightmove and Zoopla
- Conduct viewings and show potential buyers around the property
- Accept an offer from a buyer, subject to the grant of probate being received
- Instruct a conveyancing solicitor to begin preparing the sale documentation
- Commission a survey or EPC if the property does not have a valid Energy Performance Certificate
- Clear and prepare the property for sale, including repairs, cleaning, and garden maintenance
What you cannot do
- Exchange contracts — the buyer's solicitor will require the grant of probate before exchange (though some solicitors will exchange with a special condition, this is uncommon)
- Complete the sale — ownership cannot be transferred at HM Land Registry without the grant
- Receive the sale proceeds — the legal transfer of the property depends on the grant being in place
The practical effect is that executors should begin preparing and marketing the property as early as possible. If a buyer is found and conveyancing enquiries are progressed during the probate wait, the sale can complete within a few weeks of the grant being issued. This approach can shave months off the overall timeline compared with waiting for probate before doing anything.
How to reduce the probate timeline
While you cannot control how quickly the Probate Registry processes your application, there are steps you can take to avoid the most common causes of delay:
- Use the digital application route. Applying online through the GOV.UK probate service is faster than applying by post. Digital applications are processed first, and errors can be corrected more quickly.
- Resolve the IHT position before applying. The Probate Registry will not issue the grant until HMRC has confirmed the inheritance tax position. Submit the IHT return and pay any initial instalment before you apply for probate, not at the same time.
- Obtain an accurate probate valuation early. Getting the property valued promptly means you can complete the IHT return without delays. A RICS Red Book valuation is advisable for properties above £500,000 or where the estate is close to an IHT threshold.
- Check the application thoroughly. Errors and omissions are the most common cause of the Probate Registry sending applications back. Have the application reviewed by a solicitor or by another executor before submission.
- Order sufficient copies of the death certificate. You will need to send certificates to multiple organisations simultaneously. Running out of copies causes unnecessary delays.
- Consider instructing a probate solicitor. For complex estates, a solicitor who specialises in probate can prepare the IHT return and the probate application correctly first time, avoiding costly rejections and re-submissions.
Running marketing in parallel with probate
The most effective strategy for minimising the total time from death to sale completion is to run the marketing period alongside the probate application. This means:
- While the probate application is being processed (8 to 16 weeks), the property is being cleared, prepared, and listed
- Viewings take place, offers are received, and a buyer is secured
- The buyer's solicitor begins raising enquiries and the conveyancing process starts
- When the grant arrives, the sale is already well advanced and can move quickly to exchange and completion
Without this parallel approach, the timeline is sequential: wait for probate (3 to 6 months), then market the property (4 to 12 weeks), then complete conveyancing (12 to 16 weeks). The total could easily be 9 to 14 months. Running the two processes in parallel can reduce this to 6 to 9 months in a straightforward case.
Estate agents experienced in probate sales will be familiar with this approach and will set buyer expectations appropriately from the outset. You should be upfront with any buyer that completion is subject to the grant of probate being received. For a detailed breakdown of the conveyancing timeline, see our guide on how long conveyancing takes.
The full timeline: death to sale completion
Bringing together the probate timeline and the selling timeline, here is a realistic schedule for a straightforward estate where the executor markets in parallel with the probate application:
| Stage | Timeline | Key actions |
|---|---|---|
| Weeks 1 – 4 | Immediately after death | Register the death, locate the will, secure the property, arrange unoccupied property insurance, begin valuing the estate |
| Weeks 4 – 10 | Preparing the probate application | Obtain property valuations, complete IHT return, pay initial IHT if due, submit the probate application |
| Weeks 6 – 14 | Marketing (runs in parallel) | Clear and prepare the property, instruct an estate agent, list on portals, conduct viewings, accept an offer |
| Weeks 14 – 22 | Grant of probate received | Instruct a conveyancing solicitor (if not already done), provide the grant to the buyer's solicitor, progress enquiries and searches |
| Weeks 22 – 32 | Conveyancing to completion | Respond to buyer's enquiries, agree completion date, exchange contracts, complete the sale |
| Weeks 32 – 36 | Post-completion | Pay outstanding debts and taxes, report CGT if applicable, finalise estate accounts, distribute proceeds to beneficiaries |
This schedule assumes the probate application goes smoothly and a buyer is found within a reasonable marketing period. The total from death to distributing proceeds is approximately 7 to 9 months in the best case. Without the parallel approach, the same process takes 10 to 14 months.
When probate takes longer than expected
Not all probate applications proceed smoothly. Several factors can extend the timeline significantly:
HMRC enquiries
If HMRC queries the estate valuation or believes IHT has been underpaid, they may open an enquiry. This can add months to the timeline, as the Probate Registry will not issue the grant until HMRC is satisfied. Estates involving high-value property, business assets, or gifts made in the seven years before death are more likely to face scrutiny.
Contested wills
If a beneficiary or potential beneficiary challenges the validity of the will, a caveat can be entered at the Probate Registry that prevents the grant from being issued until the dispute is resolved. Will disputes can take 12 months or more to settle, during which the property cannot be sold (unless all parties agree to a sale with the proceeds held in escrow).
Missing documents
If the original will cannot be found, the executors may need to apply for probate of a copy will, which involves additional evidence and court scrutiny. Similarly, if the death occurred abroad, obtaining the necessary documentation can be time-consuming.
Complex estates
Estates with overseas assets, business interests, trusts, or agricultural property relief claims take longer to value and to resolve with HMRC. The IHT return is more complex, and the Probate Registry may require additional information before issuing the grant.
If you are dealing with any of these situations, specialist legal advice is strongly recommended. For the executor's full range of duties and obligations during this process, see our guide on selling property as an executor of an estate.
Costs during the probate waiting period
While waiting for the grant of probate, the estate continues to incur costs. Executors should be aware of these and plan accordingly:
| Ongoing cost | Typical amount | Notes |
|---|---|---|
| Unoccupied property insurance | £25 – £65 per month | Required once the property has been empty for more than 30 to 45 days. Standard home insurance is likely to be void. |
| Council tax | Exempt (Class F) | Most councils grant a Class F exemption for properties left empty after a death. This typically lasts until six months after the grant is issued. |
| Utility standing charges | £50 – £100 per month | Gas, electricity, and water standing charges continue even if usage is minimal. Keep heating on low in winter. |
| Garden maintenance | £50 – £150 per visit | An overgrown garden deters buyers and may attract complaints. Regular maintenance protects the sale price. |
| Mortgage interest (if applicable) | Varies | If there is an outstanding mortgage, payments must continue. Notify the lender of the death immediately. |
All of these costs are legitimate estate expenses and are paid from estate funds. However, they eat into the net value available for distribution to beneficiaries, which is another reason to progress the sale as quickly as possible.
Selling an inherited property: what happens after probate
Once the grant of probate arrives, the sale can move forward. If you have been marketing in parallel and already have a buyer, the remaining steps are:
- Provide a certified copy of the grant to the buyer's solicitor
- Complete and return any outstanding conveyancing enquiries
- Agree a completion date with the buyer
- Exchange contracts (at this point both sides are legally committed)
- Complete the sale and receive the proceeds into the estate account
From grant to completion typically takes 4 to 10 weeks if the sale was well advanced during the probate period. If marketing begins only after the grant is issued, the full selling timeline of 12 to 24 weeks applies on top of the probate wait.
For more on the inheritance-specific aspects of selling, including tax considerations and the rights of beneficiaries, see our guide on selling a house you inherited.
Key differences: probate vs letters of administration
If the deceased left a valid will, the executors apply for a grant of probate. If there was no will, the next of kin applies for letters of administration. The practical differences that affect the selling timeline are:
| Factor | Grant of probate | Letters of administration |
|---|---|---|
| Who applies | Executors named in the will | Next of kin in order of priority set by law |
| When authority begins | Executors have authority from the date of death (the grant confirms it) | Administrators only have authority once the letters are issued |
| Additional requirements | None beyond the standard application | Administrators must usually provide two sureties (guarantees) or an administration bond in some cases |
| Typical processing time | 8 – 16 weeks | 8 – 16 weeks (same process, but bond requirements may add time) |
In practice, the selling timeline is similar whether you hold a grant of probate or letters of administration. The buyer's solicitor will accept either document as proof of authority to sell.
Sources
- GOV.UK — Applying for probate (gov.uk/applying-for-probate)
- HM Courts & Tribunals Service — Probate Registry processing times
- GOV.UK — Inheritance tax: thresholds and rates (gov.uk/inheritance-tax)
- HMRC — How to value an estate for inheritance tax (gov.uk/valuing-estate-of-someone-who-died)
- HM Land Registry — Registering the death of a joint proprietor (DJP form guidance)
- The Law Society — Practice Note: Administration of Estates (lawsociety.org.uk)
- Administration of Estates Act 1925 — legislation.gov.uk
- GOV.UK — Council tax: exemptions for empty properties (gov.uk/council-tax)
- HMRC — Capital gains tax on UK property: report and pay within 60 days (gov.uk/report-and-pay-your-capital-gains-tax)
- Administration of Justice Act 1985, Section 50 — legislation.gov.uk
Frequently asked questions
Can you put a house on the market before probate is granted?
Yes, you can market the property, conduct viewings, and accept an offer before the grant of probate is issued. There is no legal restriction on marketing a probate property. However, you cannot legally exchange contracts or complete the sale until the grant has been received by the executors. Estate agents who handle probate sales regularly are accustomed to this and will manage buyer expectations accordingly.
How long does a straightforward probate application take in 2025?
A straightforward probate application submitted digitally through the GOV.UK service currently takes around eight to twelve weeks to be processed by HM Courts & Tribunals Service. Paper applications tend to take longer, typically twelve to sixteen weeks. These timescales assume the application is complete, there are no errors, and no inheritance tax complications. Delays are common where HMRC raises queries about the estate valuation or where the IHT position has not been fully resolved before the application is submitted.
What causes delays in probate applications?
The most common causes of delay are errors or omissions in the application form, failure to resolve the inheritance tax position with HMRC before submitting the probate application, disputes over the will or the identity of executors, and the need for additional documentation such as a foreign death certificate or a translation of a will written in another language. Estates with complex assets — such as business interests, overseas property, or trusts — also take longer because HMRC may open an enquiry into the IHT return.
Do I need probate to sell a jointly owned property?
It depends on how the property was owned. If it was held as joint tenants, the deceased’s share passes automatically to the surviving owner by right of survivorship, and probate is not required to sell the property. The surviving owner simply needs to register the death at HM Land Registry using a DJP form (Deceased Joint Proprietor) and can then sell as sole owner. If the property was held as tenants in common, the deceased’s share forms part of their estate and a grant of probate or letters of administration is needed before that share can be sold.
Can you speed up probate if you need to sell quickly?
There is no formal fast-track route through the Probate Registry, but you can take steps to avoid delays. Submit a complete and accurate application with all required documents. Resolve the inheritance tax position with HMRC before applying. Use the digital application route rather than paper. Have all supporting documents — the original will, death certificate, and IHT forms — ready before you submit. Some probate solicitors report that well-prepared digital applications can be processed in as little as six weeks, though this is not guaranteed.
What is the difference between probate and letters of administration?
A grant of probate is issued when the deceased left a valid will naming executors. Letters of administration are issued when the person died intestate (without a will), and the court appoints administrators — usually the closest next of kin — to deal with the estate. Both documents serve the same practical purpose: they give the holder legal authority to sell property and deal with the deceased’s assets. The application process is the same, but the order of entitlement to apply for letters of administration is set by law rather than by the will.
How much does it cost to apply for probate?
The probate application fee is currently £300 for estates valued at more than £5,000. There is no fee for estates valued at £5,000 or below. Additional certified copies of the grant cost £1.50 each, and it is advisable to order several copies as you will need to send them to banks, the buyer’s solicitor, and other organisations simultaneously. If you instruct a solicitor to handle the probate application on your behalf, their fees are typically £1,500 to £5,000 depending on the complexity of the estate.
What happens if the property loses value while waiting for probate?
If the property sells for less than its probate valuation (the market value at the date of death), the executors can claim loss relief for inheritance tax purposes by applying to HMRC within certain time limits. This can result in a refund of overpaid IHT. For capital gains tax, a sale below the probate value creates an allowable loss that can be set against other gains in the same tax year. The executors are not personally liable for a fall in the property’s value, provided they have acted reasonably and within a sensible timescale.
Can a beneficiary force the executor to sell the property?
A beneficiary cannot simply demand that the executor sell the property, but they can apply to the court under Section 50 of the Administration of Justice Act 1985 if they believe the executor is unreasonably delaying the administration of the estate. The court can remove an executor who is failing to act, appoint a substitute, or give directions requiring the executor to sell. In practice, most disputes are resolved without court action, but the threat of a court application often motivates reluctant executors to progress the sale.
Do you pay capital gains tax if you sell the property for the same price as the probate value?
No. Capital gains tax is only charged on the gain above the probate valuation (the market value at the date of death). If the property is sold at or below the probate value, there is no gain and therefore no CGT liability. This is one of the reasons executors are advised to sell promptly: the longer the property is held, the more likely its value will diverge from the probate valuation, creating a potential CGT liability if the market has risen. Selling costs such as estate agent and solicitor fees are also deductible from the gain.
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