Selling a House During Probate

You can market the property and accept an offer before the Grant of Probate is issued, but you cannot legally exchange contracts or complete the sale until the Grant is received. Any accepted offer must include a "Subject to Probate" clause, making the sale conditional on the court granting authority. Attempting to exchange or complete without the Grant will cause the sale to collapse.

The total timeline depends on how quickly probate is granted and how long the sale takes. Obtaining the Grant of Probate currently takes around 16 weeks from application (though this varies). The property sale itself typically takes 3–6 months. In total, selling a house during probate often takes 6–12 months from the date of death — sometimes longer if the estate is complex or there are family disputes.

The executor (if there is a will) or the administrator (if there is no will) has the legal authority to sell the property once the Grant of Probate or Letters of Administration is issued. Without this document, no one has the legal authority to sell. The Grant is the "legal key" that allows the conveyancing solicitor to proceed.

A "Subject to Probate" clause is a condition inserted into a sale agreement that makes the sale conditional on the Grant of Probate being issued. It protects the executor from being in breach of contract if the Grant is delayed, and it protects the buyer by making clear that the sale cannot complete until legal authority is confirmed. It is standard practice in probate property sales.

Yes. You need a formal date-of-death appraisal by a chartered surveyor for HMRC and the probate registry — this fixes the Inheritance Tax value. You also need a current market valuation from an estate agent when you are ready to list the property. The two valuations serve different purposes and may produce different figures, particularly if the property market has moved since the date of death.

If the property sells for more than the date-of-death valuation, Capital Gains Tax may arise on the difference (the uplift) between the probate value and the sale price. The estate — not the beneficiaries personally — is liable for this CGT. The executor must account for this in the estate's tax returns. This is why an accurate date-of-death valuation by a chartered surveyor is so important.

If the property is held solely in the deceased's name, the executor has the legal authority to sell it — beneficiaries cannot veto the sale. However, if the property is held as tenants in common and the deceased's share has passed to a beneficiary, that beneficiary becomes a co-owner and their consent may be required. If agreement cannot be reached, the executor or a co-owner can apply to the court under TOLATA for an order for sale.

Standard home insurance policies typically lapse or become void if the property is unoccupied for more than 30–60 days. The executor must arrange specialist unoccupied or vacant property insurance as soon as the property becomes vacant. The premium is paid from estate funds. The policy should cover fire, flood, vandalism, and liability. The insurer must be informed of the vacancy status.

Executors have the same mandatory disclosure obligations as any other seller under consumer protection law. Known material defects must be declared to buyers — including persistent damp, structural faults, Japanese knotweed, boundary disputes, and any local issues. The fact that the executor never lived in the property does not exempt them from these obligations. Failure to disclose can lead to legal claims after completion.

It depends on the property's condition and your priorities. An estate agent is best for properties in good condition where you want to achieve the highest retail price — the property is marketed to a broad audience. An auction is better for dilapidated or unmortgageable properties where a swift, certain sale is the priority — auctions typically complete within 28 days, though often at a lower price. A specialist probate estate agent can advise on the best route for your specific property.