Selling a House After Probate: A Step-by-Step Guide

Dealing with the sale of a property after someone has died is one of the most difficult tasks executors face. The process involves legal, financial, and practical steps that must be handled in the right order, often during a period of grief. Understanding what needs to happen and when can help you manage the process more confidently and avoid costly mistakes.

This guide explains the complete process of selling a property after a death in England and Wales, from the initial steps immediately after the death through to completing the sale and distributing the proceeds to the beneficiaries.

What happens to a property when someone dies?

When a property owner dies, the property does not automatically pass to their heirs. Instead, it becomes part of the deceased person's estate, which must be administered by the executors named in the will or, if there is no will, by administrators appointed by the court.

The first step is to establish who has the legal authority to deal with the property:

• If there is a will: The executors named in the will are responsible for administering the estate. They must apply for a grant of probate to prove their authority.
• If there is no will (intestacy): The estate is distributed according to the rules of intestacy under the Administration of Estates Act 1925. The closest relatives (usually a spouse or civil partner, then children) can apply to the court for letters of administration, which give them the same legal authority as executors.
• Joint ownership: If the property was owned as joint tenants, it passes automatically to the surviving owner by right of survivorship, and probate is not required for the property (though it may still be needed for other assets). If the property was held as tenants in common, the deceased's share forms part of their estate and must go through probate.

The grant of probate: process and timeline

The grant of probate (or letters of administration if there is no will) is the legal document that confirms the executors' authority to deal with the deceased's assets. Without it, no bank, building society, or buyer's solicitor will allow you to sell the property.

How to apply for probate

You can apply for probate online through the GOV.UK probate service or by post through HM Courts & Tribunals Service. The process involves:

1. Valuing the estate. You must establish the value of all the deceased's assets, including property, bank accounts, investments, and personal possessions. For property, you should obtain a professional valuation at the date of death — this becomes the probate value and is used for both inheritance tax and capital gains tax calculations.
2. Reporting to HMRC. If the estate exceeds the inheritance tax threshold or does not qualify as an excepted estate, you must complete an inheritance tax return (form IHT400) and submit it to HMRC. For simpler estates, the information is reported as part of the probate application itself.
3. Paying inheritance tax (if applicable). Any IHT due must be paid or arrangements made (such as paying in instalments) before the grant is issued. IHT on property can be paid in annual instalments over 10 years, though interest accrues from six months after the date of death.
4. Submitting the probate application. Once the estate has been valued and any IHT dealt with, you submit the application along with the original will (if there is one), the death certificate, and the application fee (currently £300, or no fee if the estate is worth less than £5,000).
5. Receiving the grant. HM Courts & Tribunals Service processes the application and issues the grant of probate. Current processing times are approximately 8 to 12 weeks from submission, though delays can occur if the application contains errors or if HMRC raises queries about the inheritance tax position.

Can you sell a property before probate is granted?

This is one of the most common questions executors ask, and the answer is nuanced:

• Marketing: yes. You can instruct an estate agent, list the property, conduct viewings, and accept an offer before the grant of probate is issued. There is no legal restriction on marketing.
• Exchanging contracts: technically possible but rare. Some solicitors will exchange contracts before probate is granted, with a special condition making completion subject to the grant being received. However, most buyer solicitors and mortgage lenders will not agree to this.
• Completing the sale: no. You cannot legally transfer ownership of the property until the grant of probate has been issued. The buyer's solicitor will require a certified copy of the grant before completion.

The practical implication is that you should begin marketing during the probate application. Finding a buyer, instructing solicitors, completing the necessary documentation, and progressing enquiries can all happen while you wait for the grant. This way, you are ready to exchange and complete shortly after probate is received, rather than starting the selling process from scratch at that point.

Inheritance tax on property

Inheritance tax (IHT) is often the largest financial consideration when dealing with a deceased person's estate. The tax applies to the total value of the estate, not to individual assets, but property is frequently the most valuable asset and therefore drives the IHT liability.

Current thresholds (2025/26 tax year)

The maximum combined threshold for a surviving spouse or civil partner whose partner predeceased them and left no IHT-liable estate is therefore £1,000,000 (£325,000 + £175,000 + £325,000 + £175,000). IHT is charged at 40% on the value above the available thresholds.

Executors must pay any IHT due within six months of the date of death to avoid interest charges. For property, HMRC allows the tax to be paid in equal annual instalments over 10 years, which can be helpful if the estate lacks liquid funds and needs to sell the property to raise the money. However, interest is charged on the outstanding balance from six months after death.

Capital gains tax on inherited property

Capital gains tax (CGT) is a separate consideration from inheritance tax and catches many executors by surprise. CGT applies if the property is sold for more than its probate value (the market value at the date of death).

How CGT is calculated on inherited property

• Base cost: The probate value, not the price the deceased originally paid. This is sometimes referred to as the "uplift" on death.
• Sale price: The price the property is sold for.
• Allowable deductions: Selling costs (estate agent fees, solicitor fees), the cost of any improvements made to the property after death, and the annual CGT exemption (currently £3,000 for 2025/26).
• Tax rate: 18% for basic-rate taxpayers and 24% for higher and additional-rate taxpayers on residential property gains (2025/26 rates).

If the property is sold promptly after death, the sale price and the probate value are likely to be very similar, resulting in little or no CGT liability. Problems arise when the property is held for a long period before sale, particularly in a rising market, as the gap between the probate value and the eventual sale price widens. For more detail on CGT when selling property, see our guide on capital gains tax when selling a second home.

Executor responsibilities when selling

Executors (and administrators) have specific legal duties when selling estate property. These are fiduciary duties, meaning the executor must act in the best interests of the beneficiaries at all times:

• Obtain a fair market price. Executors should obtain at least two or three estate agent valuations and can be challenged by beneficiaries if they sell at a significant undervalue.
• Avoid conflicts of interest. An executor should not purchase the property themselves without the informed consent of all beneficiaries and, ideally, an independent valuation.
• Keep proper records. All income and expenditure relating to the property and the estate must be recorded and accounted for to the beneficiaries through estate accounts.
• Act within a reasonable time. While there is no fixed deadline for selling, executors should not unreasonably delay dealing with estate assets. Beneficiaries can apply to the court to compel action if an executor is dragging their feet.
• Protect the property. Until it is sold or transferred, the executor is responsible for maintaining the property, securing it, and ensuring it is adequately insured.

Assent vs sale: transferring to a beneficiary

Not every probate property needs to be sold. If a beneficiary is entitled to the property under the will (or under the intestacy rules) and wishes to keep it, the executors can transfer the property to them using a legal document called an assent (form AS1 at HM Land Registry).

An assent is not a sale — no money changes hands, and the property passes to the beneficiary at the probate value. This route is simpler and cheaper than a sale, as there are no estate agent fees, no buyer searches, and no conveyancing chain. However, if there are multiple beneficiaries and the property forms the bulk of the estate, the beneficiary receiving the property may need to equalise the distribution by paying the other beneficiaries their share from their own funds.

If the executors decide to sell the property on the open market instead, no assent is needed. The executors sell in their capacity as personal representatives and transfer ownership directly to the buyer on completion.

Preparing a probate property for sale

Probate properties often need more preparation than a typical sale. The previous owner may have lived alone for many years, and the property may need clearing, cleaning, repairs, or modernisation before it can be marketed effectively. Here is what executors should consider:

Clearing the property

Before marketing, you will need to clear the deceased's personal belongings. This is often an emotional and time-consuming task. Consider the following approach:

• Allow beneficiaries to take any items they are entitled to or wish to keep before bringing in a clearance company.
• Valuable items (antiques, jewellery, artwork) should be professionally valued and may need to be included in the estate accounts.
• Professional house clearance companies typically charge £500 to £2,000 depending on the size of the property and the volume of items to be removed.

Repairs and presentation

You do not need to carry out a full renovation, but addressing obvious issues can improve the sale price and speed. Focus on:

• Safety hazards — fix broken steps, loose handrails, or faulty electrics
• Damp or leak damage that will be flagged in a buyer's survey
• A thorough clean, including carpets and windows
• Garden maintenance to improve kerb appeal

If the property needs significant work, you may choose to sell it as-is, either on the open market at a lower price or through a route designed for faster property sales. The right approach depends on the beneficiaries' priorities and whether they need to realise the funds quickly.

Empty property insurance

Standard home insurance policies typically exclude cover for properties that have been unoccupied for more than 30 to 60 consecutive days. Since probate properties are often empty for several months, executors must arrange specialist unoccupied property insurance to protect the estate.

Unoccupied property insurance covers risks such as fire, flood, storm damage, vandalism, and theft. Insurers may impose conditions, such as:

• Regular inspections (typically weekly or fortnightly)
• Draining down the water system or keeping the heating on at a minimum temperature during winter to prevent frozen pipes
• Ensuring all windows and doors are secured
• Maintaining the garden and clearing post from the doormat to deter burglars

Premiums for unoccupied property insurance are higher than standard cover — typically £30 to £60 per month. The cost is a legitimate estate expense and is paid from estate funds. Failing to insure the property could leave the executor personally liable if damage occurs.

Council tax on empty probate properties

Council tax liability on an empty probate property depends on the stage of the probate process:

• Before probate is granted: Most councils in England grant a Class F exemption from council tax for a property left unoccupied after the owner's death, for as long as the grant of probate or letters of administration has not yet been issued. This exemption applies automatically in many areas, but executors should notify the council to ensure it is applied.
• After probate is granted: The Class F exemption continues for a further six months after the grant is issued. After that, the property becomes liable for council tax. Some councils offer a discount for empty properties, while others charge the full rate or even a premium for long-term empty homes (typically after two years).

Executors should contact the local council as soon as possible after the death to inform them of the situation and claim any applicable exemption. Keep a record of all correspondence, as council tax liability is one of the costs that must be accounted for in the estate accounts.

Intestacy: what happens if there is no will

If the deceased did not leave a valid will, the estate is distributed according to the rules of intestacy set out in the Administration of Estates Act 1925 (as amended). The rules determine both who can administer the estate and who inherits:

Unmarried partners and cohabitants have no automatic right to inherit under the intestacy rules, regardless of how long they have lived together. They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires a court application and is not guaranteed.

When there is no will, the person who applies for letters of administration follows the same basic process as applying for probate, but the order of entitlement to apply is set by law (spouse first, then children, then other relatives).

Step-by-step timeline for selling after probate

Here is a realistic timeline for selling a probate property from the date of death through to distributing the proceeds. Timings assume a straightforward estate with no disputes.

The total process from death to distribution typically takes 6 to 12 months, though complex estates involving disputes, multiple properties, or tax issues can take considerably longer. For a detailed breakdown of the conveyancing stage, see our guide on conveyancing costs.

Tips for executors selling a probate property

1. Get a professional probate valuation. This sets the base cost for both IHT and CGT. An accurate valuation from a RICS-qualified surveyor protects you against future HMRC challenges.
2. Start marketing during the probate application. You can list the property and accept offers while waiting for the grant. This runs the selling timeline in parallel with the probate timeline rather than in sequence.
3. Arrange empty property insurance immediately. Standard policies lapse if the property is unoccupied for more than 30 to 60 days. You are personally liable as executor if the property is uninsured and suffers damage.
4. Notify the council about council tax. Claim the Class F exemption for properties left empty following a death. Do not pay council tax unnecessarily while waiting for probate.
5. Keep all beneficiaries informed. Regular communication about the sale progress, valuations, and offers reduces the risk of disputes and challenges later.
6. Consider selling quickly to minimise CGT. The longer you hold the property after death, the greater the potential gap between the probate value and the sale price, and therefore the greater the CGT liability.
7. Take legal advice on complex estates. If there are multiple beneficiaries, disputes, or issues with the will, instructing a specialist probate solicitor is strongly recommended.

How long does probate take before you can sell?

The overall timeline from death to being able to exchange contracts depends on several factors, including the complexity of the estate, whether inheritance tax is due, and how quickly the probate application is processed. The table below sets out a realistic timeline for each stage.

The key point for executors to understand is that the property can be marketed before probate is granted. Estate agents are familiar with probate sales and will manage buyer expectations. You can list the property, conduct viewings, and accept an offer while the probate application is being processed. However, exchange of contracts cannot happen until the executors have legal authority to sell, which means the grant of probate (or letters of administration) must have been received.

Running the marketing and conveyancing preparation in parallel with the probate application is the most effective way to minimise the overall timeline. Once the grant arrives, you can move quickly to exchange and completion if a buyer is already in place.

Be aware that contested wills or complex estates — for example, those involving business assets, overseas property, or disputes between beneficiaries — can take 12 months or more to resolve. In these cases, executors should seek specialist legal advice before marketing the property.

Grant of probate: what executors need to know

A grant of probate is a legal document issued by the Probate Registry (part of HM Courts & Tribunals Service) that confirms the executor's authority to administer the deceased person's estate. It is the document that proves to banks, solicitors, and buyers that you have the legal right to sell the property and deal with the other assets.

Grant of probate vs letters of administration

The type of grant you need depends on whether the deceased left a valid will:

• Grant of probate: Issued where the deceased left a will and named one or more executors. The executors apply for the grant and are responsible for carrying out the wishes set out in the will.
• Letters of administration: Issued where the deceased died without a valid will (intestate). The court appoints administrators — usually the closest next of kin — who then have the same legal authority as executors but must distribute the estate according to the rules of intestacy rather than a will.

In practice, both documents serve the same purpose: they give the holder the legal authority to collect assets, pay debts, and distribute the estate. The buyer's solicitor will accept either document as proof of your authority to sell.

How to apply

Executors can apply for the grant of probate online through the GOV.UK probate service or by post. The online route is generally faster for straightforward estates. The application fee is £300 for estates valued over £5,000. There is no fee for estates valued at £5,000 or under.

What you need to provide

• The original death certificate (or a certified copy)
• The original will (if there is one)
• Inheritance tax forms — either the IHT205 (for estates that do not owe inheritance tax and meet the excepted estate criteria) or the IHT400 (for estates where inheritance tax is due or the estate does not qualify as excepted)
• The application fee (£300, or nil for small estates)

Once the grant is issued, the buyer's solicitor will need to see a certified copy of the grant before completion can take place. It is worth ordering several official copies when you apply (at a small additional cost per copy), as you may need to send them to multiple organisations at the same time — banks, insurers, and the buyer's solicitor.

For more guidance on the practicalities of selling property you have inherited, see our guide on selling a house you inherited.

Sources

• GOV.UK — Applying for probate (gov.uk/applying-for-probate)
• GOV.UK — Inheritance tax: thresholds and rates (gov.uk/inheritance-tax)
• HMRC — Capital gains tax on property (gov.uk/capital-gains-tax/rates)
• GOV.UK — Rules of intestacy: who inherits if someone dies without a will (gov.uk/inherits-someone-dies-without-will)
• HM Courts & Tribunals Service — Probate registry processing times
• Law Society — Practice Note: Administration of Estates (lawsociety.org.uk)
• Administration of Estates Act 1925 — legislation.gov.uk
• Inheritance (Provision for Family and Dependants) Act 1975 — legislation.gov.uk
• HMRC — Inheritance tax: payments and instalment options (IHT400 guidance notes)
• Valuation Office Agency — Inheritance tax valuations guidance

Related guides

• Selling a House After the Death of a Spouse
• Selling a Property as a Company (Not an Individual)
• Selling Your House When You Have Debt
• Selling a House with a Lodger
• Selling Property to Pay for Care Fees
• Selling Your House for Health Reasons
• Selling Your House to the Council
• Selling a House with Equity Release
• Selling a Property in a Retirement Village
• Selling a House with a Help to Buy Equity Loan

Frequently asked questions