Sell Your House During Probate

What is probate?

Probate is the legal process of dealing with everything somebody owned after they die. It covers identifying the assets, settling debts and any tax due, and then passing on what remains to the people entitled to it. Where there is a valid will, the executors named in it apply for a grant of probate. Where there is no will, or no executor able to act, a close relative usually applies for letters of administration instead. Executors and administrators are known together as personal representatives.

The grant is essentially proof of authority. Banks, insurers, share registrars and the Land Registry all want to see that the person giving them instructions is entitled to do so. Not every estate needs one. Small estates and assets that pass automatically to a surviving joint owner can sometimes be dealt with without a grant, but property is the asset most likely to require one.

Everything on this page is general information about how probate property sales normally work in England and Wales. It is not legal or tax advice about your own circumstances. Probate requirements vary with the ownership structure, the terms of the will, who the beneficiaries are and whether a grant is needed at all, so please take advice from a solicitor or probate practitioner where the position is not clear.

Can you sell a house during probate?

In most situations a house can be prepared for sale, valued, marketed and put under offer while probate is still under way. What normally has to wait is the moment of legal completion, when ownership actually transfers. Until the personal representatives can show authority to deal with the property, a buyer's solicitor will not release funds and the Land Registry will not register the transfer.

That distinction matters because it means the waiting period does not have to be dead time. Searches can be ordered, enquiries answered, an energy performance certificate obtained and a completion date pencilled in, so that when the grant arrives the sale is ready to move rather than starting from scratch.

It is worth being honest with any buyer about where the estate has got to. Buyers who understand the position are far more likely to stay patient than buyers who were told the sale would be quick and then find themselves waiting.

Do you need probate before selling a house?

It depends on how the property was held. This is the first thing a solicitor will check, and it usually resolves the question in a single look at the title register.

• Held as joint tenants: the share of the person who died normally passes automatically to the surviving owner, and the sale can often proceed without a grant once the death has been recorded against the title.
• Held as tenants in common: the share of the person who died forms part of their estate, so a grant is generally needed before that share can be sold.
• Owned solely: a grant of probate or letters of administration is normally required before ownership can be transferred to a buyer.
• Held in a trust: the trustees deal with the property under the trust deed, and the requirements can be quite different again.

Because the answer turns entirely on the individual circumstances, it is not safe to assume either way. Please do not commit to a completion date, or agree penalties for delay, until the solicitor handling the estate has confirmed what is needed.

What happens to the property during probate?

The house still needs looking after while the estate is being dealt with, and this is the part families most often underestimate. An empty property carries obligations that do not pause simply because nobody is living there.

• Insurance: most policies treat an unoccupied home differently, so tell the insurer promptly and check what cover remains in place.
• Council tax: there is often an exemption period after a death, but it does not last indefinitely and a charge can resume.
• Utilities: keeping heating on at a low level through winter helps prevent burst pipes and damp.
• Security: post building up and an obviously empty house both attract attention.
• Maintenance: gutters, gardens and small leaks turn into expensive problems if left for months.

These holding costs are one of the main reasons personal representatives start looking at a sale earlier than they expected. They come out of the estate, which means they ultimately come out of what the beneficiaries receive.

Who can sell a property during probate?

The personal representatives normally handle the sale. They act on behalf of the estate as a whole and owe duties to all the beneficiaries, which includes taking reasonable steps to obtain a proper price. That is why documented valuations matter, even where a family has already agreed among themselves what they want to do.

Where there is more than one executor, they usually need to act together and all sign the transfer. Where the property has already been transferred out of the estate into the names of one or more beneficiaries, the beneficiaries become the sellers and the estate steps out of the picture.

Buyers and their solicitors will ask who has authority quite early on. Being clear about it from the start avoids awkward corrections later.

Selling an inherited house during probate

Most probate property sales happen because a house has been left to people who cannot practically share it. Selling converts the asset into money that can be divided in line with the will or the intestacy rules, which is often the only workable outcome where several beneficiaries are involved.

If your situation is really about the inheritance itself rather than the probate stage, our guide to selling an inherited property covers the wider picture, including what happens once the estate has been wound up and the house is in your own name.

During probate specifically, the practical priorities are usually keeping the property safe, agreeing a realistic value and making sure the sale is ready to complete the moment the legal position allows.

Selling a house before probate is granted

You can very often agree a sale in principle before a grant is issued. What you cannot always do is complete. Whether completion before a grant is possible depends on the ownership position described above, and there is no general rule that a property can be sold before probate.

Where the sale has to wait, the risk is that an open market buyer loses patience. Chains, mortgage offers with expiry dates and job moves all put pressure on people to withdraw. That risk is manageable if the buyer knows the position from the outset and has no deadline of their own.

If speed is the main pressure for other reasons as well, it may be worth reading how a faster route works on our sell my house fast page before deciding.

What happens after probate is granted?

Once the grant has been issued, the personal representatives can deal with the property formally. In practice the conveyancing then follows the same path as any other sale. Contracts are prepared, enquiries are answered, exchange takes place and completion follows on the agreed date.

The proceeds go into the estate rather than directly to beneficiaries. Debts, funeral costs, professional fees and any tax due are settled first, and the estate accounts are drawn up before distribution. Personal representatives are usually cautious about distributing too early, which can add a little time at the end even after the house has sold.

How to value a probate property

A probate valuation serves two purposes. It supports the estate paperwork, including any inheritance tax position, and it gives the family a realistic view of what the house is worth as it stands. For estates where tax may be an issue, a formal valuation from a qualified surveyor is often recommended rather than an agent estimate.

• Location, plot, size and layout, judged against recent sale prices for comparable homes nearby.
• Tenure, lease length where relevant, and any ground rent or service charge.
• Condition as it actually is, rather than what it could be after improvement work.
• Anything unusual about the property, such as non standard construction or access arrangements.

Be wary of valuations produced to win an instruction. An optimistic asking price that sits on the market for months costs the estate money in holding costs and often ends in a reduction anyway.

Selling a probate property through an estate agent

The open market can achieve the highest headline price, and for a well presented house in a popular area it is often the right choice. The trade off is uncertainty. You are relying on finding a buyer, on their mortgage being approved, on any chain holding together and on that buyer being willing to wait for the grant.

Agent fees, marketing, an energy performance certificate and conveyancing all come out of the estate, and the months of running costs while the house sits empty need counting too. If you would rather handle a sale yourself, our page on selling without an estate agent sets out what that involves.

Auction is a third option that some personal representatives consider, particularly for unusual or run down properties. You can read about how that route works on our guide to selling at auction.

Selling a probate property to a cash buyer

House Buying Experts considers probate properties for direct purchase. We do not need a mortgage, we are not in a chain and there is no marketing period, so a delay at the Probate Registry does not put the sale at risk. It simply moves the completion date.

A direct offer is normally below the figure a fully marketed sale might achieve, and we would rather say that plainly than dress it up. What you are weighing is certainty, convenience and the removal of fees and holding costs against that difference. Our page on selling a house for cash explains how our offers are put together, and how it works walks through each stage.

Selling a probate property that needs repairs

Houses that come out of an estate have frequently been lived in by one person for a very long time. Kitchens and bathrooms date, wiring and boilers reach the end of their life, and there may be damp or roof work that nobody has been able to deal with recently.

Personal representatives are often reluctant to spend estate money on improvements, and they are not obliged to. Mortgage lenders can be cautious about properties in poor condition, which narrows the pool of open market buyers. If repairs are the main issue, our page on selling a house needing repairs goes into the detail. We buy properties as they stand and do not ask families to clear them first.

Selling a probate property with tenants

Where the person who died owned a rental property, the tenancy usually continues and the estate steps into the position of landlord. Rent, deposits, safety certificates and repair obligations all carry on, and the personal representatives need to keep them in order while the estate is being administered.

A tenanted house can be sold with the tenancy in place, which suits investor buyers, or with vacant possession where that can properly be achieved. Our guide to selling a house with tenants explains the practical differences and what paperwork a buyer will expect to see.

What if there are several beneficiaries?

Shared inheritances are the norm rather than the exception. While the estate is being administered, the personal representatives handle the sale and the beneficiaries receive their share of the net proceeds afterwards. Beneficiaries do not usually sign the transfer themselves at that stage, although they will want to be kept informed.

• Agree early who speaks to the solicitor and to any buyer, so messages do not cross.
• Share the valuation evidence with everyone rather than relying on one person's summary.
• Be clear about how holding costs are being met while the sale progresses.
• Put decisions in writing, even informally, so nobody remembers them differently later.

What if beneficiaries disagree about selling?

Disagreement is usually about circumstances rather than about the house. One person may need funds quickly, another may have a sentimental attachment, and a third may believe the property is worth more than the evidence supports. An independent valuation often takes the heat out of the last of those.

Where one beneficiary wants to keep the property, a buyout at an assessed value can work well. Where views are entrenched, mediation is far cheaper than litigation, and legal routes exist as a last resort. Anyone in that position should take their own independent advice rather than relying on the family member handling the estate.

What costs are involved in selling a probate property?

The estate meets the costs of the sale, which reduces what beneficiaries eventually receive. Knowing the likely figures early helps everybody form realistic expectations.

• Probate application fees, and professional fees where a solicitor administers the estate.
• Conveyancing fees and disbursements for the sale itself.
• Estate agent commission and marketing costs, if you sell on the open market.
• Energy performance certificate, where one is required.
• Insurance for an unoccupied property, which is often more expensive than standard cover.
• Council tax, utilities, maintenance and any security measures while the house is empty.
• Clearance and removal costs, unless the buyer takes the property as it stands.

When we buy directly there is no agent commission and we contribute towards standard legal costs. If a property has been sitting unsold for a long time, our page on a house that will not sell looks at why that happens and what can be done.

How long can a probate property sale take?

Honestly, it varies a great deal and we will not pretend otherwise. The grant itself depends on the complexity of the estate and on processing times that are outside anyone's control. Estates involving inheritance tax, missing paperwork, foreign assets or a disputed will generally take longer than simple ones.

Once authority is in place, the conveyancing timetable depends on the buyer. A chain free buyer with no mortgage removes several of the usual delays, but the legal work still has to be done properly. We do not quote a fixed number of days at the point of offer, because any figure given before the estate position is known would be a guess.

What documents may be needed?

Gathering paperwork early is the part of the timetable you can genuinely control. Solicitors can only move as quickly as the information reaching them.

• The death certificate and the original will, if there is one.
• The grant of probate or letters of administration once issued.
• Land Registry title number or the deeds for the property.
• Details of any mortgage, equity release plan or other charge on the property.
• Identification for each personal representative who will sign.
• Energy performance certificate, or arrangements to obtain one.
• Tenancy agreements and safety certificates where the property is let.
• Guarantees, planning permissions and building regulation certificates you can locate.

What happens if there is a mortgage on the property?

A mortgage survives the borrower. Interest usually continues to accrue and the lender should be notified early, because most lenders will discuss a temporary arrangement while the estate is being sorted out. Ignoring the account is what causes problems, not the debt itself.

On completion the outstanding balance is redeemed from the sale proceeds by the solicitor, and the remainder forms part of the estate. Equity release plans work in a similar way but often carry their own repayment deadlines after a death, so it is worth reading the plan terms carefully and taking advice if anything is unclear.

Probate property and Inheritance Tax

Inheritance tax is charged on the estate rather than on the sale of the house, and whether anything is payable depends on the value of the estate, available allowances and the personal circumstances of the people involved. Many estates pay nothing at all, and we are not in a position to tell you which category yours falls into.

Capital gains can also become relevant if a property rises in value between the date of death and the date of sale. The rules change from time to time and the figures matter, so please take advice from a solicitor or a qualified tax adviser rather than relying on general information found online, including this page.

What happens after accepting a cash offer?

If you decide to go ahead with us, the process is deliberately straightforward. We instruct our solicitor, you instruct yours, and the two work through the usual conveyancing steps while keeping the probate position in view.

• We confirm the offer in writing so everybody involved in the estate can see it.
• Solicitors are instructed and the title and estate position are reviewed.
• Searches and enquiries are dealt with while any grant is awaited.
• A completion date is agreed once authority to sell is in place.
• Funds are released to the estate on completion and distributed by the personal representatives.

You are free to walk away at any point before exchange. We would much rather you took time to consider than felt pushed.

Why choose House Buying Experts?

We buy properties directly rather than listing them, which means the person you speak to can actually make a decision. Probate sales need patience and clear communication more than they need pressure, and we try to work to the timetable the estate is on rather than chasing an artificial one.

We buy in almost any condition, we do not charge fees, and we are happy to keep in touch over weeks or months while a grant is awaited. Divorce, repossession and other difficult circumstances sometimes sit alongside probate in the same family, and we deal with those too, including selling during a divorce. There is more about our approach on our why us page.

Is selling during probate right for you?

A sale during probate often makes sense when the property has to be divided between several people, when the running costs of an empty house are mounting, when repairs are beyond what the estate wants to fund, or when a lender is applying pressure. It can also simply be the thing that lets a family move on.

Keeping the property can be equally sensible. If one beneficiary wants to live there and can buy out the others, or letting it suits everyone, there is no obligation to sell just because that is the common outcome.

A practical way to decide is to write down the likely net proceeds from each route, fees and holding costs included, and set that against how much certainty is worth to the people involved. If a direct sale might fit, you can request an offer here or use the form on this page. It is free, confidential and there is no obligation to sell.