Can you sell a house before probate?

When someone dies and leaves a property, executors and family members often ask the same question: can we sell the house before probate is granted?

In most cases, the answer is no. However, you can take several important steps to prepare for the sale while you wait. This guide explains what those steps are, covers the limited exceptions that exist, and sets out how to keep the property protected throughout the process.

Through The Probate Network, you can also access specialist companies that help executors manage a probate property, including:

• Specialist probate property insurance providers
• Property sale companies, including probate auction specialists and cash buyers
• Letting and property management services for probate properties
• Probate property security and maintenance companies
• RICS-registered property valuers
• Probate loan companies to help cover costs associated with a probate property

Why probate is required before a property sale

Probate is the legal process that gives executors or administrators the authority to deal with a person’s estate. That includes managing, transferring, or selling any property the deceased owned.

In practice you cannot complete a sale until you have the Grant of Probate, or Letters of Administration where there is no valid Will. It is the document that proves to banks, building societies, HM Land Registry and a buyer’s conveyancer that you are entitled to deal with the estate, and none of them will proceed without it.

The reason is worth getting right, because it is commonly misstated. If you are an executor, your authority comes from the Will itself and runs from the date of death. The grant confirms that authority rather than creating it. If you are an administrator, because there is no Will or no executor able to act, you genuinely have no authority until the grant is issued, and you should not be holding yourself out as able to deal with the property before then.

Either way the practical position is the same: HM Land Registry will not register the transfer without the grant, so the sale cannot complete. The difference matters mainly for what you can safely do in the meantime, and for administrators the answer is: considerably less.

That said, you can still:

• Prepare the property for sale
• Obtain a date of death valuation
• Instruct a property sale specialist, whether an estate agent, auction house, or cash buyer
• Market the property as subject to probate

Buyers can view and make an offer on a property subject to probate, but you must make clear in all marketing materials that the sale is contingent upon the grant of probate being issued.

When you can sell without probate

There are a few situations where probate may not be required.

Jointly owned property: The defining feature of joint tenancy is the right of survivorship. When one joint tenant dies, their interest in the property passes automatically to the surviving joint tenant or tenants. This happens by operation of law, regardless of what the deceased’s Will says. Because the property passes outside the probate estate, no Grant of Probate is needed for the property itself, and the surviving owner updates the register using form DJP, for which HM Land Registry charges no fee. Note that the deceased’s share still counts towards the estate for inheritance tax even though it never passes under the grant. Our guide to how to transfer property after death covers both routes.

Trust-held property: If the property sits within a trust and there are surviving trustees, they already hold the legal authority to sell and no Grant of Probate is needed for the property. The exception is where the deceased was the sole surviving trustee, in which case the legal estate devolves on their personal representatives and a grant will be required after all. See our guide to probate and the will trust.

If you are unsure which situation applies to you, speak to a probate solicitor early. The answer can significantly change what you are required to do.

How long does probate take in 2026?

Processing times vary depending on the complexity of the estate and how the application is submitted. The most recent HMCTS figures, covering January to March 2026, show probate grants issued in an average of 5 weeks from application, with a median of 1 week. Digital applications that are not stopped for queries came through in around 2 weeks.

The biggest cause of long waits is a “stopped” application, put on hold for missing documents, errors, or inheritance tax figures that do not match HMRC’s records. Stopped grants took 14 weeks on average in the same quarter, against 2 weeks for those that were not stopped.

Letters of administration are slower than probate. In that quarter they averaged 20 weeks where there was a Will but no proving executor, and 11 weeks on an intestacy. If you are selling as an administrator rather than an executor, plan for months rather than weeks.

For estates where inheritance tax is due there is a further step before you can even apply. Where an IHT400 is required, HMRC issues a unique code once the account has been processed, and the probate application cannot be submitted without it. HMRC normally issues the code within 20 working days of receiving the IHT400 or the payment, whichever is later. That is a separate thing from an IHT30 clearance certificate, which comes at the very end of the administration, not the beginning. All of which makes starting sale preparations immediately more important, not less.

Preparing the property before probate

You can save considerable time by getting the property ready while the probate application is being processed.

Arrange a property valuation

A probate valuation is the property’s open market value at the date of death: the price it might reasonably be expected to fetch if sold on the open market on that date. That is the statutory standard, and it is what makes a probate valuation different from an estate agent’s marketing appraisal, which reflects today’s conditions and what the agent thinks they can achieve.

The figure feeds the estate’s reporting either way, but how it is reported depends on the estate. In an excepted estate there is no inheritance tax account to submit at all: the values go into the probate application itself. Only where the estate is not excepted does an IHT400 go to HMRC, and it is HMRC’s unique code, not the valuation, that has to be in place before you apply for probate.

HMRC does not require any particular kind of valuer, and an estate agent’s written valuation given on the date of death basis is acceptable. What the law requires is reasonable care. It is worth knowing that HMRC’s own Inheritance Tax Toolkit strongly advises a qualified independent valuer for assets of material value, and says valuations of houses, land and buildings should meet RICS or equivalent standards, so on a valuable property that is the direction it points in. What differs is how defensible the figure is if it is questioned. A RICS Red Book valuation from an accredited surveyor is the strongest evidence and is worth the cost where inheritance tax is payable or the value sits close to a threshold, because those are the estates HMRC looks at. For a straightforward, clearly non-taxable estate, a written estate agent valuation stating the open market value at the date of death is acceptable.

Whichever route you take, instruct early. Getting the valuation done while the application is in progress stops it becoming a bottleneck later. There is more detail in our guide to how to value an estate for probate.

Think about capital gains tax before you sell

Inheritance tax and capital gains tax are different taxes and it is the second one that catches sellers out. There is no capital gains tax on inheriting a property. It arises only if the property sells for more than its date of death value, which on a sale six or nine months later is perfectly possible.

Who makes the sale changes the bill:

• Personal Representatives selling during the administration have one annual exempt amount of £3,000, available only for the tax year of death and the two tax years that follow, and pay a flat 24%.
• Beneficiaries selling after the property has been assented to them each have their own £3,000 exemption and pay 18% or 24% depending on their own income.

With several beneficiaries, appropriating the property to them before the sale can save a meaningful sum. It is a decision to take deliberately and with advice, not one to arrive at by default.

Note too that the date of death figure only binds HMRC as the base cost where it was actually ascertained for inheritance tax. In an excepted estate it was not, so an artificially low probate valuation does not save tax, it simply moves it. Capital gains tax on a UK residential property must be reported and paid within 60 days of completion.

Protect the property with the right insurance

Most standard home insurance policies restrict or withdraw cover once a property has been unoccupied beyond a set period, typically for the perils that matter most in an empty house: escape of water, theft, malicious damage and vandalism. The period is set by the individual insurer, not by any general rule, so the existing policy needs checking rather than assuming a number. Notify the insurer of the death promptly, because non-disclosure is itself a reason a claim can be refused, and consider cover designed for unoccupied or probate properties where the house will be standing empty.

Policies of that kind commonly require executors to inspect the property periodically for damage and break-ins, and there may be additional conditions such as maintaining a minimum temperature over winter to prevent pipes from bursting. Our guide to probate house insurance covers what to look for in more detail.

Request up to three quotes for probate house insurance →

Keep the property maintained

Empty homes deteriorate quickly. Regular inspections, adequate ventilation, and basic maintenance keep the property in good condition and help you meet insurance policy requirements. If you cannot attend in person, use a probate property maintenance company to manage cleaning, repairs, and compliance checks.

Marketing the property before probate

Marketing before probate can shorten the overall sale timeline. Estate agents can list the property, carry out viewings, and collect offers. Make clear to all prospective buyers that the sale is subject to probate and cannot complete until the Grant is issued.

Buyers must be told that probate is pending. This is not just good practice: omitting material information from an invitation to purchase is an unfair commercial practice under Part 4 of the Digital Markets, Competition and Consumers Act 2024, which replaced the old consumer protection regulations from 6 April 2025. The agent carries that duty, but an executor who withholds the position from the agent creates the problem.

Many buyers are comfortable with this arrangement, provided they understand the likely timeframe. Buyers can reserve the property, with surveys and searches happening in parallel, then exchange and completion following within weeks of the Grant being received.

Covering costs during probate

Executors must still pay for insurance, utilities, and maintenance while waiting for probate. These are legitimate estate expenses, paid from estate funds before beneficiaries receive their inheritance, not out of the executor’s own pocket permanently.

Several routes exist where the estate has no accessible cash. Many banks will release funds for the funeral and for probate fees against the invoice before a grant is issued, and HMRC has its own schemes where the pressure is an inheritance tax bill. Our guide to probate loans explains how they work and sets out the alternative options in more detail.

Probate loans can help cover short-term costs such as:

• Probate house insurance
• Valuations and legal fees
• Property maintenance or security

Learn more: Probate loans for estate expenses →

Renting out the property during probate

Some executors consider renting the property to generate income during probate. Since 1 May 2026 this needs thinking about very carefully indeed, because it can put a sale out of reach for well over a year.

The Renters’ Rights Act 2025 brought in the most far-reaching reforms to the private rented sector in a generation, converting assured tenancies on that date. Three consequences matter to an estate:

• There is no such thing as a fixed-term let any more. All assured tenancies are periodic and open-ended. You cannot grant a six-month tenancy that simply expires when you are ready to sell.
• Section 21 no-fault eviction is abolished. To get the property back you must establish a ground.
• The ground for selling is Ground 1A, and it has a long fuse. It cannot be used unless the tenancy began at least twelve months before the notice, and it then requires four months’ notice. Granting a tenancy can therefore delay a vacant possession sale by sixteen months or more.

Meanwhile the tenant can end the tenancy on two months’ notice at any point, so the income is not guaranteed either. For an estate that intends to sell, letting is usually the wrong answer now. It can still make sense where the beneficiaries intend to keep the property as a long-term investment, which is a different decision and one to take with advice.

Note also that the conversion applies to assured tenancies. Common law tenancies, company lets and licences sit outside it, and if someone is already in occupation you need to establish what they actually hold before assuming anything. Our guide to renting out a property during probate goes into this in more detail.

If you do rent out a probate property, you must also:

• Arrange landlord insurance, as probate policies do not cover tenants
• Ensure full gas, electrical, and fire safety compliance
• Declare the rental income to HMRC. Income arising after the death is taxed on the Personal Representatives during the administration at the basic rate, with no personal allowance, and beneficiaries are then taxed on it once it is distributed to them, using a form R185 (Estate Income) from the Personal Representatives

Always check with your solicitor or insurer before renting out a probate property. Unauthorised occupation can invalidate your insurance cover.

Fast sale options after probate

Once probate is granted, you can complete the sale. If you need to sell quickly, consider the following options.

Cash buyers

Cash buyers complete fast and avoid the risk of property chains collapsing. This is a practical option when executors want to release funds without delay.

Property auctions

Auctions offer a set sale date and competitive bidding. They often work well for older properties or homes that need renovation. You can request information from leading UK auction houses through The Probate Network.

Traditional estate agency sale

A traditional sale may achieve a higher price but can take longer. It suits properties in good condition that appeal to a broad market.

The legal risks of selling too early

Committing an estate to a completion date you cannot meet is the real risk here. Without the Grant, HM Land Registry will not register the transfer, so completion cannot happen however willing the buyer is. Exchange on a fixed date before the grant is in hand and the estate is exposed to a claim for failing to complete, which comes out of what the beneficiaries receive.

Administrators should be particularly careful, because their authority genuinely does not begin until the grant is issued. An executor at least has authority from the date of death, even if they cannot yet prove it.

Marketing is fine. Exchange and completion must wait.

Key takeaways

• You cannot complete a property sale before probate is granted.
• You can market the property as “subject to probate.”
• Check the insurance position if the property is empty. Most standard policies restrict or withdraw cover once a property has been unoccupied for a set period, so read the wording, notify the insurer, and consider specialist cover.
• Get a date of death valuation early. HMRC accepts an estate agent or a chartered surveyor; a RICS Red Book valuation is the most defensible where tax is payable or the figure is borderline.
• Check the capital gains tax position before you sell. Who sells, the estate or the beneficiaries, changes the bill.
• Check the free funding routes first, then consider probate loans to cover property costs while you wait.
• Maintain the home and keep it secure throughout the process.
• Explore fast sale options such as auctions or cash buyers once probate is granted.
• Think hard before letting. Under the Renters’ Rights Act 2025 there are no fixed terms, and Ground 1A cannot be used to sell until the tenancy is twelve months old, then needs four months’ notice.

Next steps

Executors can protect the property and prepare for sale long before probate arrives. Through The Probate Network, you can:

• Request up to three quotes for probate house insurance →
• Learn about probate loans for estate expenses →
• Get information from leading UK auction houses →
• Connect with probate property maintenance specialists to keep the home secure and compliant

You may also find it useful to read our guides to an executor’s responsibilities for probate property and how much solicitors charge for probate.

By acting early, you reduce delays and protect the estate’s value while ensuring the property is ready to sell the moment probate is granted.

Frequently asked questions

Can you put a house on the market before probate is granted?

Yes. You can instruct an estate agent, market the property, and accept an offer before probate is granted. The listing must make clear that the sale is subject to probate. What you cannot do is exchange contracts or complete the sale until the Grant of Probate or Letters of Administration has been issued.

How long does probate take in 2026?

HMCTS figures for January to March 2026 show probate grants issued in an average of 5 weeks, with a median of 1 week. Digital applications that are not stopped for queries took around 2 weeks; those that were stopped averaged 14 weeks. Letters of administration are slower, averaging 20 weeks where there was a Will but no proving executor and 11 weeks on an intestacy. Where an IHT400 is required, add the wait for HMRC’s unique code, normally 20 working days, before the application can even be submitted. Starting the sale preparation in parallel reduces the overall timeline significantly.

What happens to a jointly owned property when someone dies?

If the property was owned as joint tenants, ownership passes automatically to the surviving owner by the right of survivorship, without the need for probate. If it was owned as tenants in common, the deceased’s share forms part of the estate and probate is required before that share can be transferred or sold. A solicitor can confirm which type of ownership applies.

Do executors need special insurance for an empty probate property?

It depends on the policy, which is why the first step is to check it rather than assume. Most standard home insurance policies restrict or withdraw cover once a property has been unoccupied beyond a period set by that insurer, and the perils they drop first are exactly the ones an empty house faces: escape of water, theft, malicious damage. Executors have a duty to protect estate assets, so notify the insurer of the death promptly and consider specialist probate or unoccupied property cover if the house will stand empty. Policies of that kind commonly require regular inspections and conditions such as a minimum winter temperature, so check the terms carefully and keep a record of the visits. Our guide to probate house insurance goes into this in more detail.

Does the estate pay capital gains tax when the house is sold?

Only on any increase in value between the date of death and the sale. If the Personal Representatives sell during the administration, the estate has a single £3,000 annual exempt amount, available only for the tax year of death and the two that follow, and pays a flat 24%. If the property is assented to the beneficiaries first and they sell, each has their own £3,000 exemption and pays 18% or 24% according to their own income, which with several beneficiaries can be worth a good deal. Any tax due on a UK residential property must be reported and paid within 60 days of completion.

This article is for general guidance only and does not constitute legal, tax, or financial advice. Rules and thresholds can change and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation through The Probate Network.