Probate Property: Executors’ Responsibilities

When someone dies leaving property in their sole name, managing that asset becomes one of the most time-consuming parts of estate administration. As an executor or administrator, you are legally responsible for securing, maintaining, valuing, and ultimately selling or transferring the property in line with the Will or the rules of intestacy.

This guide sets out each of your key duties in plain terms. If you would prefer professional support, you can compare what solicitors charge for probate to weigh up your options.

Securing probate property after death

Your first duty begins as soon as you take on the role: secure the property. Act quickly, because an empty property can attract vandalism, suffer weather damage, or fall into disrepair within weeks.

In practical terms, this means:

• Changing the locks if needed.
• Confirming the property is protected against vandalism or theft.
• Arranging regular inspections to monitor its condition.

If you live far from the property, consider instructing a probate property maintenance company to assist with security and compliance.

Probate property insurance

Insurance is one of the first things to check. Most standard home policies restrict or withdraw cover once a property has been unoccupied beyond a set period, and many require the insurer to be told about the death. The period varies between insurers, so the existing policy needs checking rather than assuming.

As executor, it is worth:

• Notifying the existing insurer of the death promptly.
• Checking whether the current policy still covers an unoccupied property, and on what conditions.
• Considering cover designed for unoccupied or probate properties if the existing policy no longer applies.

Insurance premiums are a legitimate estate expense, so they are paid from estate funds rather than your own pocket. Our guide to probate house insurance covers this in more detail.

Maintenance and upkeep

Neglecting a probate property can reduce its value, create safety risks, and invite legal complaints from beneficiaries. Your maintenance duties typically include:

• Regular cleaning and garden care.
• Repairing leaks, broken fittings, or structural damage.
• Keeping utilities safe and functional.
• Seasonal tasks such as protecting pipes during winter.

Keep detailed records of every cost. These records form part of the estate accounts and demonstrate to beneficiaries that the property was properly managed. If you cannot oversee maintenance directly, a specialist company can help.

Who can live in a probate property?

This is one of the most common questions executors face. The answer depends on the terms of the Will, any tenancy agreements, and the nature of the deceased’s interest in the property.

The following people may have a right to remain:

• A surviving spouse or civil partner. There is no automatic right to remain. Where the home was held as beneficial joint tenants, it passes by survivorship and never forms part of the probate estate, though the deceased’s share still counts in the estate for inheritance tax. Where it was held as tenants in common, survivorship does not apply and the deceased’s share does fall into the estate. Where it was in the deceased’s sole name, a spouse inheriting under the Will or intestacy may have a right to have it appropriated towards their share. That is subject to conditions and is a different matter to an automatic right of occupation.
• Family members or dependants who lived at the property before the death.
• Tenants, if the property was let. Existing tenancies bind the estate and you must honour them. Since 1 May 2026, existing assured tenancies have converted to periodic tenancies by operation of law under the Renters’ Rights Act 2025, so the written agreement you hold may no longer describe the tenancy you actually have. The landlord’s death does not itself create a route to possession.
• You, as executor, if temporary occupation is genuinely necessary for management purposes.

Always review the Will carefully and take advice from a probate solicitor before making any decision about occupation. Letting the property to generate income is no longer straightforward, for the reasons set out under renting out probate property below.

Council tax on a vacant probate property

A property that becomes empty because its sole owner has died qualifies for a Class F council tax exemption. No council tax is payable from the date of death until the Grant of Probate is issued, and for up to six months after the Grant, provided the property stays unoccupied and remains in the estate’s name.

The Class F exemption is a statutory one, so the council must apply it once the conditions are met, but it will not do so until it knows. Tell the council about the death and provide the death certificate and evidence of your authority as executor or administrator. Leave it and you will receive bills that then have to be unwound.

A separate rule covers the empty-homes premium. In England, the premium cannot be charged for 12 months from the date probate or letters of administration are granted, provided the property previously qualified for Class F. That only disapplies the surcharge on top of the standard charge. Ordinary council tax becomes payable as soon as the Class F exemption ends, six months after the Grant. Scotland and Wales have separate empty-property rules, so check with the relevant local authority.

Notify your local council promptly after the death and update them again when the Grant is issued, and when the property is sold or transferred.

Financial responsibilities for probate property

Executors are responsible for seeing that every financial obligation tied to the property is dealt with. That is a duty to manage them, not a personal assumption of the debts: payment comes from estate funds rather than your own pocket, and your exposure is to the estate for failing to act properly, not to the mortgage lender or the utility company.

Your financial duties cover:

• Paying utility bills, service charges, and council tax.
• Managing mortgage payments or loans secured on the property.
• Paying probate property insurance premiums.
• Keeping receipts and maintaining accurate financial records throughout.

If the estate lacks immediate cash to cover these costs, there are several routes open to you, including HMRC schemes for inheritance tax and a probate loan (sometimes called an estate expenses loan) to bridge the gap until assets are sold. Our guide to probate loans sets out how they work and covers the alternative options in more detail.

Failure to manage estate finances properly can expose you to personal liability, so transparency and accuracy matter at every stage. The one formal protection available to you is worth knowing about: advertising for creditors under section 27 of the Trustee Act 1925, by placing a notice in The Gazette and, where the estate includes land, in a newspaper circulating in the district where that land is situated. Wait out the statutory two months and you are protected against claims from creditors you had no notice of. Two limits matter. The test is notice, not discoverability, and section 27 expressly does not relieve you of the duty to make the searches a prospective buyer would be advised to make. It also gives no protection against a claim under the Inheritance (Provision for Family and Dependants) Act 1975, for which the relevant period is six months from the date of the grant.

Valuing probate property for HMRC

HMRC requires the property’s open market value at the date of death. It does not mandate a particular kind of valuation, and there is no legal requirement to instruct a chartered surveyor. What the law requires is reasonable care. Note the other half of HMRC’s position, though: its Inheritance Tax Toolkit strongly advises instructing a qualified independent valuer for assets of material value, and says that valuations of houses, land and buildings should meet RICS or equivalent standards. Advice is not obligation, but on a valuable property it is the direction HMRC points in. What varies is how defensible the figure is if questioned. Our guide to how to value an estate for probate sets out the wider exercise, and the difference between gross and net value explains which figure is used where.

As executor, you should:

• Consider a Red Book valuation from a RICS-qualified surveyor, prepared under the RICS Valuation – Global Standards (the current edition took effect on 31 January 2025) and the UK national supplement. This is the most defensible evidence of open market value and is worth the cost on a taxable estate or where the figure is close to an inheritance tax threshold.
• Retain the full report for HMRC and your estate records.
• Commission a fresh valuation if the property remains unsold for a significant period, as values can change.

A robust valuation protects you against any claim that the property was sold below market value. It also ensures fair treatment of all beneficiaries.

Selling probate property

Selling probate property is often an executor’s most complex task. The key legal point is timing.

You can market the property, accept an offer, and carry out most conveyancing preparation before the Grant arrives. In practice, the sale cannot complete until the Grant is in your hands, because HM Land Registry requires it before the transfer can be registered.

The underlying position differs between the two roles, and it is worth knowing. An executor’s authority comes from the Will and runs from the date of death, so the Grant confirms an authority they already have. An administrator has no authority at all until the Grant is issued. Either way, do not exchange contracts without the Grant in sight.

Running the sale process and the probate application in parallel is the most efficient approach and avoids unnecessary delays.

Once you are ready to sell, the main options are:

• A traditional estate agent for broad market exposure.
• A probate property auction for a faster, more certain transaction.
• A cash buyer for maximum speed.

Sale proceeds form part of the estate and are used to settle debts, taxes, and distributions in the correct order. Our guide to selling a house before probate covers what you can and cannot do while you wait for the grant.

Capital gains tax on a sale: who sells matters

Inheritance tax and capital gains tax are different taxes, and the second one is where executors lose money without realising. There is no capital gains tax on inheriting. It arises only if the property sells for more than its value at the date of death, which by the time a grant has been obtained and a buyer found is entirely possible.

What changes the bill is who makes the sale:

• If you sell as Personal Representative during the administration, the estate has a single annual exempt amount of £3,000, available only for the tax year of death and the two tax years that follow, and pays a flat 24%.
• If the property is first assented to the beneficiaries and they sell as owners, each of them has their own £3,000 exemption and pays 18% on gains within their basic rate band and 24% above it.

With three or four beneficiaries, appropriating the property to them before the sale can save a substantial sum. It also hands them the conveyancing and needs their cooperation, so it is a decision to take deliberately and with advice rather than by default.

One caveat on the figures. The date of death valuation binds HMRC as the base cost only where it was actually ascertained for inheritance tax purposes. In an excepted estate where no inheritance tax was due, it was not, so HMRC can challenge a low figure, and understating the probate value simply converts inheritance tax savings into a larger capital gains tax bill.

Where capital gains tax is due on a UK residential property, it must be reported and paid within 60 days of completion. That is a short window and the penalties for missing it start at £100 and escalate.

Renting out probate property

Letting the property can generate income while the estate is settled. However, the law changed significantly on 1 May 2026 and it is now a decision that can delay a sale for a considerable time.

Under the Renters’ Rights Act 2025, fixed-term assured tenancies no longer exist. Every tenancy is periodic. A tenant can leave on two months’ notice, but a landlord cannot serve a section 21 notice. To recover possession in order to sell, you would rely on Ground 1A, which is the mandatory possession ground for landlords who intend to sell. Ground 1A cannot be used during the first 12 months of the tenancy and then requires four months’ notice. In other words, taking a tenant can put a sale out of reach for sixteen months or more.

Letting also ends the Class F council tax exemption and will usually fall outside an unoccupied-property insurance policy. For most estates, this now weighs against letting unless beneficiaries are content to hold the property for the long term.

If you decide to let the property, you must:

• Ensure it meets current safety standards and is insured for letting purposes.
• Notify HMRC of any rental income received.
• Declare the income as part of the estate accounts.

Clearing probate property

House clearance is a practical task that requires care and good communication. As executor, you must sort the deceased’s possessions and decide what to keep, sell, donate, or dispose of.

To avoid disputes with beneficiaries:

• Consult beneficiaries before removing or selling items of value or sentimental significance.
• Keep a written record of what was removed and how it was dealt with.
• Consider instructing a professional house clearance company for efficiency.

Transferring probate property to beneficiaries

Once all debts, taxes, and expenses have been paid, you can transfer the property to the beneficiaries entitled to it. This involves:

• Preparing a written assent. Section 36 of the Administration of Estates Act 1925 requires an assent of a legal estate to be in writing, signed by the personal representative and naming the person in whose favour it is given. An assent that is not in writing or does not name a person does not pass the legal estate. For registered land, use HM Land Registry form AS1 for the whole of a title, lodged with form AP1 and evidence of the Grant. Personal representatives can deal with the property without first registering themselves as proprietors.
• Following the terms of the Will or, where there is no Will, the rules of intestacy.
• Providing detailed estate accounts to all beneficiaries.

The mechanics of each route are set out in our guide to how to transfer property after death, and the wider sequence after the grant is covered in once probate has been granted.

Where the property is held in a trust created by the Will, see our guide to probate and the will trust.

Record-keeping and compliance

Executors must keep full records of all estate activities. At a minimum, this means:

• An inventory of all assets and their valuations.
• Receipts for maintenance, insurance, and tax payments.
• Documentation of all property sales or transfers.
• Records of every distribution made to beneficiaries.

There is no single statutory threshold that triggers a requirement for formal estate accounts. A residuary beneficiary who cannot obtain information can apply to court. Section 25 of the Administration of Estates Act 1925 requires a personal representative to produce an inventory and account when the court orders it. That obligation is not conditional on any particular period having passed.

The executor’s year is a separate rule: a personal representative is not obliged to distribute before a year from the death. Good record-keeping protects you from disputes and supports transparency for beneficiaries and HMRC alike.

Acting in the best interests of beneficiaries

Every decision you make about probate property must serve the interests of the estate and its beneficiaries. Be fair, transparent, and diligent at each stage, from first securing the property through to its eventual sale or transfer.

Where disputes between beneficiaries arise, specialist contentious probate solicitors can help. The Probate Network connects executors with experienced, SRA-regulated solicitors who can advise at every stage of probate property administration.

Frequently asked questions

Can I sell a probate property before the Grant of Probate is issued?

You can market the property, hold viewings, accept an offer, and instruct conveyancers before the Grant arrives. You cannot exchange contracts or complete the sale until the Grant of Probate (or Letters of Administration, where there is no Will) is in your hands. Running the sale preparation and probate application at the same time is the most efficient way to reduce overall delays.

Who pays the bills on a probate property while the estate is being administered?

As executor, you are responsible for arranging payment of all outgoings, including utility bills, mortgage payments, insurance premiums, and council tax. The estate funds cover these costs, not your personal finances. If the estate lacks immediate cash, a probate loan can bridge the gap until assets are realised.

Is a probate property exempt from council tax?

In most cases, yes. A property that becomes empty on the death of its sole owner qualifies for a Class F council tax exemption. No council tax is payable from the date of death until the Grant of Probate is issued, and for up to six months after the Grant, provided the property remains unoccupied and stays in the estate’s name. The exemption is statutory, so the council must give it once the conditions are met, but you have to tell them about the death for it to be applied. After the six-month post-Grant window closes, ordinary council tax becomes payable. In England, the empty-homes premium is disapplied for 12 months from the date probate is granted (where the property previously qualified for Class F), but that protection covers only the surcharge, not the standard charge. Scotland and Wales have their own rules, so confirm the position with the relevant local authority.

What happens if I let the probate property and then need to sell it?

Under the Renters’ Rights Act 2025, which came into force on 1 May 2026, you can no longer serve a section 21 notice. To recover possession in order to sell, you must rely on Ground 1A, the mandatory possession ground for sale. Ground 1A cannot be used in the first 12 months of a tenancy and requires four months’ notice. As a result, granting a tenancy can prevent a sale completing for sixteen months or more. For most estates, letting is therefore a decision that needs careful thought and clear agreement from the beneficiaries before you proceed.

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.