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Selling a House During Probate: UK Executor's Complete Guide

· 15 min

Note: The following scenario is fictional and used for illustration.

James, 52, became executor of his father's estate in March 2024. The estate included a £385,000 semi-detached house in Reading that needed to be sold. James assumed he could list the property immediately and complete the sale within a few months.

Six months later, he was still waiting for the Grant of Probate while the property sat empty, accumulating council tax bills and insurance costs. He'd already spent over £3,000 on maintenance and security, and potential buyers had walked away due to the uncertain timeline.

What James didn't understand was the specific sequence required: you can market the property before probate is granted, but you cannot legally complete the sale until you have the Grant in hand. Approximately 1 in 10 properties on the UK market is a probate sale, and the process typically takes 9-18 months when property sales are involved - far longer than most new executors expect.

This guide walks you through every step of selling a house during probate in the UK - from understanding what you can do before the Grant arrives to completing the sale and distributing proceeds while protecting yourself from legal liability.

Table of Contents

Can You Sell a House Before Probate is Granted?

You cannot legally complete the sale of a house before receiving the Grant of Probate or Letters of Administration. Under The Non-Contentious Probate Rules 1987 and HM Land Registry requirements, executors must prove their entitlement before the Land Registry will accept a transfer.

What you CAN do before receiving the Grant: List the property with an estate agent, conduct viewings, obtain valuations, instruct solicitors, and accept offers marked "subject to probate."

What you CANNOT do before receiving the Grant: Exchange contracts, execute Land Registry documents, transfer legal title, or complete the sale.

Emma listed her mother's £420,000 house in Bristol with an estate agent in January while waiting for probate. By March, she had accepted an offer of £415,000 "subject to grant of probate." When the Grant arrived in May, she was able to exchange contracts immediately and complete the sale within 6 weeks.

There's one important exception: properties owned as Joint Tenants pass automatically to the surviving owner by right of survivorship. Probate isn't required for this transfer.

Inform estate agents and potential buyers that the sale is "subject to probate" to manage timeline expectations.

Understanding the Grant of Probate Timeline

Probate processing times have improved significantly in 2025, but you still need realistic expectations.

For straightforward applications in 2025, expect to receive your Grant within 12-23 weeks. Online applications average 6-7 weeks, while paper applications take around 15 weeks.

The probate application fee is £300 for estates over £5,000. Extra copies cost £1.50 each.

What affects your timeline: Estate complexity, inheritance tax obligations, application accuracy, missing documents, and beneficiary disputes.

David's application for his aunt's estate took 22 weeks because the estate value was just over the IHT threshold. He had to submit form IHT400, wait for HMRC to review the estate valuation, and arrange payment of £84,000 in inheritance tax before the Grant was issued.

Once you receive the Grant, the property sale typically takes 4-6 months. The total process from death to completed sale usually takes 9-18 months for straightforward cases.

Executor Responsibilities When Selling Probate Property

As executor, you have significant legal duties when selling estate property. Understanding these responsibilities protects you from personal liability.

You must obtain a professional valuation for probate purposes. Use a RICS surveyor or get written valuations from multiple estate agents. The valuation must reflect the property's value at the date of death.

You have a legal duty to obtain the best reasonable price. Selling significantly below market value could make you personally liable to beneficiaries for the difference.

Sarah was executor of her uncle's estate, which included a house valued at £295,000. A property developer offered £250,000 for a quick sale. Sarah's solicitor warned that accepting £45,000 below market value could make her personally liable to beneficiaries for the difference. She listed with an estate agent and sold for £292,000 six months later.

The rule against self-dealing: Executors are prohibited from buying estate property themselves, even at fair market value.

When multiple executors are named, you must make decisions jointly. All should agree on property sales and offers to avoid disputes.

If the will states that property should be sold, you have a duty to follow those instructions. If the will leaves specific property to a beneficiary, their wishes should be considered.

Keep detailed documentation of valuations, marketing efforts, offers received and rejected, reasons for accepting offers, and communications with beneficiaries.

Property Valuation for Probate Purposes

An accurate probate valuation is essential for inheritance tax calculations and Capital Gains Tax if the property value increases before sale.

The valuation must reflect the property's value at the date of death. This probate value forms the baseline for calculating CGT later.

Who can provide valuations: RICS-qualified surveyors, estate agents with local knowledge (ideally 2-3 written valuations), or professional probate valuers.

The valuation must represent the "open market value" - the price the property would reasonably fetch at the date of death. HMRC can challenge unrealistic valuations, particularly if significantly below market rates.

When Michael's mother died in June 2023, two estate agents valued her house at £340,000. When Michael sold the property in March 2024, it achieved £365,000. Because the probate valuation was properly documented at £340,000, he only paid Capital Gains Tax on the £25,000 increase, not the full sale price.

Keep written valuations, photographs showing property condition at death, comparable sales data, surveyor reports, and records of improvements made between death and sale.

A significant difference between probate valuation and sale price may trigger an HMRC investigation.

Inheritance Tax and Property Sales

Inheritance tax becomes due when the total estate value exceeds certain thresholds.

IHT thresholds for 2025/26:

Surviving spouses can inherit unused nil-rate band from their deceased partner, potentially passing on up to £1 million without IHT.

Inheritance tax is charged at 40% on estate value above the threshold. Payment is due within 6 months of death, and HMRC charges interest on late payments.

IHT payment options:

Option Timeline Interest Charged Requirements
Upfront payment Before Grant issued No Requires liquid funds or bridging loan
Direct Payment Scheme Before Grant issued No Banks pay from deceased's accounts
Instalments (10 years) Annual payments Yes, on balance Available for property assets
Grant on credit Delayed until sale Yes HMRC approval in exceptional cases

Linda inherited her father's £580,000 house. With the nil-rate band (£325,000) and residence nil-rate band (£175,000), the taxable amount was £80,000. At 40%, the IHT bill was £32,000. Linda arranged a bridging loan against the property to pay HMRC while waiting for probate, then repaid the loan from sale proceeds.

When the estate owes inheritance tax, you must submit form IHT400 before applying for probate.

Capital Gains Tax on Probate Property Sales

Capital Gains Tax is a separate tax from inheritance tax, and it can catch executors by surprise.

You don't pay CGT when you inherit property. CGT only becomes due if you sell for more than its probate value.

Sale price minus probate value equals your taxable gain. You can deduct solicitor fees, estate agent fees, and improvement costs (not routine maintenance).

Basic rate taxpayers pay 18% on residential property gains. Higher rate taxpayers pay 24%.

The critical 60-day reporting deadline: You must report and pay any Capital Gains Tax within 60 days of completion for sales completing on or after 27 October 2021. This deadline applies even if you have no tax to pay.

The probate value of Tom's inherited flat was £215,000 when his sister died in January 2024. Tom sold it in September 2024 for £238,000. After deducting £2,500 in estate agent fees and £1,800 in legal fees, his gain was £18,700. As a higher rate taxpayer, he paid £4,488 in CGT (24% of £18,700) and reported it within 60 days.

Create a Capital Gains Tax on UK Property account through HMRC's online system to report and pay. If the property sells for less than probate value, you can claim loss relief to reduce the IHT bill.

Choosing Between Estate Agent and Auction

You have two main options for selling probate property.

Estate Agent vs Auction comparison:

Factor Estate Agent Auction
Timeline 4-6 months 28 days after auction
Sale price Potentially higher Typically 5-10% lower
Costs 1-2% commission + VAT 2-3% fees + legal pack
Fall-through rate ~30% ~15%
Best for Good condition, no urgency Quick sale, poor condition, IHT deadline

Rachel's father's estate owed £48,000 in IHT due within 6 months. The estate's only significant asset was a £310,000 house. Rachel chose auction sale to meet the IHT deadline. The property sold for £295,000 at auction - 5% below the probate value but provided certainty and avoided interest charges on late IHT payment.

With either method, you can market the property while waiting for the Grant. Inform all buyers that the sale is subject to probate.

Managing the Property During Probate

Empty properties require careful management during the months-long probate process.

Notify the insurance company immediately. Standard policies typically cover empty properties for only 30-60 days. After this, you'll need "unoccupied property" insurance.

Empty properties attract vandalism and squatters. Consider security systems, regular inspections, mail redirection, and maintaining external appearance.

The estate must pay council tax, insurance, utilities, and maintenance - easily exceeding £3,000 for extended probate periods.

Notify the council immediately and ask about exemptions. Some offer 100% exemptions for probate properties, others partial discounts.

Maintain essential services: heating to prevent damp and frozen pipes, electricity for security and viewings, and water supply.

John's mother's house sat empty for 8 months during probate. He arranged for a neighbor to check the property weekly, kept buildings insurance current, and maintained minimal heating during winter. When pipes froze in an unheated annex he hadn't checked, the resulting water damage cost £4,200 to repair before the sale could proceed.

Distributing Sale Proceeds to Beneficiaries

Once the property sale completes, you must follow a specific legal order when distributing the proceeds.

Legal order of priority: Funeral expenses, secured debts (mortgage), unsecured debts, inheritance tax and other taxes, specific bequests, then residuary estate to beneficiaries (Administration of Estates Act 1925).

Sale proceeds should go into a dedicated estate bank account, not your personal account. Complete outstanding tax returns for the deceased and the estate period.

Consider requesting an HMRC clearance certificate before final distributions to protect against future tax claims.

You can make partial distributions if safe to do so - only when estate value is established, debts and taxes paid, and you've maintained reserves for unexpected claims.

You remain personally liable if you distribute before paying all valid debts and taxes.

After selling her uncle's house for £455,000, Margaret paid the outstanding mortgage (£82,000), settled his credit card debts (£3,400), paid the CGT bill (£2,800), covered probate costs (£1,200), and distributed the remaining £365,600 equally among four beneficiaries as specified in the will - each receiving £91,400.

Provide beneficiaries with clear accounting showing estate income, expenses, debts, taxes, and distribution calculations. This transparency prevents disputes.

Frequently Asked Questions

Q: Can you sell a house before probate is granted in the UK?

A: No, you cannot legally complete the sale of a house before probate is granted. However, you can market the property and accept offers while waiting for the grant. The Grant of Probate (or Letters of Administration) must be in place before you can exchange contracts or execute the Land Registry documents that transfer the property's title.

Q: How long does it take to sell a house through probate in the UK?

A: Selling a house through probate typically takes 9-18 months in total. This includes 12-23 weeks to receive the Grant of Probate, plus 4-6 months for the actual property sale. Complex estates with inheritance tax complications or difficult market conditions can take longer, potentially extending to 2 years or more.

Q: Do all executors have to agree to sell property during probate?

A: Yes, when multiple executors are named in a will, they must make decisions jointly, including property sales. All executors should agree on important matters to avoid disputes. If the will specifically instructs that property should be sold, executors have a duty to follow those instructions.

Q: What taxes do you pay when selling a house during probate?

A: You may pay Inheritance Tax at 40% on the estate value above £325,000 (or £500,000 if the residence nil-rate band applies). Capital Gains Tax may also be due if the property value increased between the date of death and the sale date. CGT must be reported and paid within 60 days of completion for sales after October 2021.

Q: Can an executor sell a house to themselves during probate?

A: Generally no. The rule against self-dealing prohibits executors from buying estate property, even at fair market value, due to the clear conflict of interest. Executors have a duty to act in beneficiaries' best interests and cannot put themselves in a position where personal interests conflict with those duties.

Q: What is the executor's responsibility when selling probate property?

A: Executors must obtain a professional property valuation for probate purposes, market the property to achieve fair market value, obtain Grant of Probate before completing the sale, pay any debts and taxes owed by the estate, and distribute the proceeds according to the will. Selling significantly below market value could make the executor personally liable for the difference.

Q: Do beneficiaries have to agree to sell inherited property?

A: In most cases, executors can sell property without beneficiary approval if it's in the estate's best interests or if the will instructs the property to be sold. However, if the will leaves specific property to a named beneficiary, that beneficiary's wishes should be considered. Executors should act reasonably and communicate with beneficiaries to avoid disputes.

Conclusion

Selling a house during probate requires understanding legal requirements, managing deadlines, and protecting yourself from liability.

Key steps:

  • Market property before Grant arrives, but cannot complete until Grant received
  • Expect 9-18 months from death to completed sale for straightforward estates
  • Obtain professional valuations at date of death for IHT and CGT purposes
  • Remember the 60-day CGT reporting deadline for sales after October 2021
  • Maintain documentation of valuations, offers, expenses, and decisions

If you're managing this process, you understand the complexity and stress. Timeline uncertainty, tax calculations, and legal responsibilities create significant burden during an already difficult time.

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Legal Disclaimer: This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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