If you’re selling a loved one’s home after they’ve passed away, it can feel like there’s a mountain of legal steps and paperwork to get through, all at a time when you’re already dealing with a lot. You might be hearing new legal terms, feeling unsure of what order things need to happen in, or wondering how long the residential property conveyancing and sale of the property will take. It’s completely normal to feel unsure where to begin.
What is probate?
Probate is the legal process that gives someone the authority to deal with a person’s money, property, and possessions after they’ve died. If the person who died owned a home in their sole name, probate is usually needed before that home can be sold or transferred.
If there’s a will, the named executors apply for a grant of probate. If there isn’t a will, a close relative (like a spouse or adult child) applies for letters of administration. The process is slightly different, but the result is the same: It gives that person the legal power to handle the estate, including selling any property.
Can you sell a house before probate is granted?
You can put a probate property on the market before probate has been granted, and many people do this to save time. You can take photos, list it with an estate agent, arrange viewings, and even accept an offer.
What you can’t do is exchange contracts or complete the sale until the grant of probate (or letters of administration) has been issued.
If you’re marketing the property before probate is in place, it’s a good idea to be upfront with potential buyers. Let them know roughly how long you expect probate to take, and that there may be some waiting involved. Some buyers will be happy to hang on, especially if they’re not in a rush or they love the property; others may prefer something with a quicker timeline.
The residential property conveyancing process can start in the background while probate is pending, so things are ready to move forward as soon as you have the official paperwork.
Who is responsible for selling a probate property?
The executor named in the will (or the administrator, if there isn’t an executor) is usually the person responsible for selling the property. They’re legally in charge of sorting out the estate and arranging the sale of any house or flat that forms part of it.
If there are multiple executors or administrators, they’ll need to agree on how the sale is handled. In most cases, they’ll work together to choose an estate agent, set the asking price, and instruct a solicitor to manage the conveyancing.
The proceeds from the sale make up part of the overall estate and are used to pay off any debts and cover costs like inheritance tax or legal fees. The remaining balance is then shared out between the beneficiaries of the will.
Steps to Selling a House in Probate
Selling a probate property follows a similar process to any other house sale, but with a few extra steps to factor in:
1. Check if You Need to Apply for Probate
If the property was owned solely by the person who died, you’ll usually need probate before you can complete the sale.
If it was jointly owned, it depends on how the ownership was structured:
- Joint Tenants – the property automatically passes to the surviving owner when one dies, and probate may not be needed to sell.
- Tenants in Common – each person owns a distinct share, often set out in a declaration of trust. In this case, the deceased’s share forms part of their estate, so probate will be required before the property can be sold or transferred.
If you’re not sure how the property is held, a solicitor can check the Land Registry records and any trust documents to confirm what’s needed.
2. Obtain a Grant of Probate
You can apply online or by post, or your probate solicitor can handle it for you. It usually takes between 8 -16 weeks to receive probate, depending on how busy the probate registry is and whether the estate is complex.
3. Value the Property
You’ll need to get the property valued as part of the probate process, especially if you’ll need to pay any inheritance tax due. A professional valuation helps confirm the value of the property at the time of death, which is important when calculating how much tax the estate owes.
Whether it’s a house or a flat, the valuation can be carried out by an estate agent, chartered surveyor, or RICS-qualified valuer. It’s important that the valuation reflects a realistic sale price for the land or the property, as HMRC may request evidence later on if they think the figures are inaccurate.
4. Prepare the Property for Sale
Once probate has been applied for, you can list the property with an estate agent. Many sellers choose to start viewings and accept offers while they wait for the probate to come through.
5. Instruct a Conveyancer
You’ll need a conveyancer to handle the legal work once you’re ready to move forward with a sale. At Triangle Legal Services, we specialise in helping executors and administrators sell probate properties. We’ll keep you updated at every stage and explain everything clearly.
6. Exchange & Complete
You can’t exchange contracts or complete the sale until probate is officially granted. Once it is, your solicitor can progress everything through to completion. The sale proceeds will usually go into an executor account to be used for settling debts or distributing to beneficiaries.
Does the probate process delay a property sale?
Probate property sales can take longer than a regular sale, as there are often more parties involved. The biggest delay tends to be waiting for the grant of probate.
Other things that can slow things down include:
- Unclear Ownership – If there’s a problem with the property’s title, or if the property isn’t yet registered with HM Land Registry, it can take time to sort out.
- Multiple Executors Involved – If more than one person is handling the estate, they’ll all need to agree on the big decisions like setting the asking price or choosing a conveyancer.
- Property Condition Issues – If the house or flat has signs of damp, an old boiler, or structural concerns, buyers’ mortgage lenders might ask for further surveys or refuse to lend altogether.
- Inheritance Tax Delays – If the estate is over the threshold and you need to pay inheritance tax, there can sometimes be a hold-up while HMRC reviews the figures or asks for more information.
Once probate is in place, the rest of the process is often fairly straightforward, especially if you’ve already accepted an offer and instructed your solicitor.
Documents Needed for Selling Property in Probate
To sell a property that is in probate, you will need proof that you have the right to sell it. You will need:
Grant of Probate (or Letters of Administration)
This is the most important document as it confirms who has the legal authority to sell the property. You’ll need to show this before contracts can be exchanged.
The Property’s Title Deeds
If the property is registered with HM Land Registry (as most are), your conveyancer can download the title documents. If it’s unregistered, they’ll need to track down the original paper deeds.
Property Information Forms
You’ll need to fill in a TA6 form (which covers things like utilities, boundaries, and building works) and a TA10 form (which lists what’s staying or going from kitchen appliances to curtain poles). If you’re not familiar with the property, don’t worry, you can complete the forms as best you can and simply mark any answers you’re unsure about as “not known.” Your conveyancer will advise you on anything that needs clarifying later on.
Identification & Proof of Address
All executors or administrators involved in the sale will need to provide ID to comply with anti-money laundering rules.
Inheritance Tax Paperwork
If inheritance tax is due, your solicitor may need confirmation that everything has been agreed with HMRC before the sale can complete.
What Happens After the Probate Sale Has Completed?
Once the probate property is sold, the money doesn’t go straight to the beneficiaries. It first forms part of the overall estate and is held by the executor or administrator in a dedicated estate account.
That money is then used to:
- Pay off any outstanding debts (like mortgages, credit cards, or utility bills)
- Cover any inheritance tax due
- Settle solicitor, estate agent, or probate fees
Only after those things have been dealt with can the remaining balance be divided according to the will, or, if there isn’t one, according to the rules of intestacy.
If you’re the executor, this part can feel like a lot of responsibility. But you’re not expected to figure it all out on your own. You can work with a probate solicitor or estate administration provider to handle the finances, and our conveyancing team will always keep things clear and joined up on the property side of things.
Need help with selling a house during probate?
At Triangle Legal Services, we make the legal side of selling a probate property as simple and stress-free as possible. Whether you’re ready to move forward or just want to talk through what to expect, we’re here to help with clear advice and regular updates.
Get a conveyancing quote today or speak to our team about your situation, and we’ll guide you every step of the way.
FAQs about Selling a Probate Property
Can I sell a house before probate is granted?
You can put the property on the market and even accept an offer, but you can’t exchange contracts or complete the sale until probate has been granted. If you’re unsure whether probate is needed, speak to a probate solicitor before listing the property.
Do I need to clear the house before it’s sold?
You don’t have to, but clearing personal items and tidying the space can help the property sell more quickly. Just be careful not to remove or sell anything valuable until probate has been granted, as those items may form part of the estate.
Do beneficiaries need to approve the sale?
The executor or administrator has the legal authority to manage the sale, but if there are multiple beneficiaries, it’s wise to keep them updated and involved in the big decisions where possible to avoid disputes later.
What if the property is jointly owned?
If the property was owned as joint tenants, it may pass automatically to the surviving owner and might not be part of the probate estate. If it was owned as tenants in common, the deceased’s share will need to go through probate before it can be sold.
Can I sell a property without probate?
You can’t complete the sale of a house or flat in the UK without probate if the home was owned solely by the person who died. Probate gives you the legal authority to sell, and without it, you can’t exchange contracts or transfer ownership to the buyer.
That said, there are a few exceptions:
- If the property was jointly owned as joint tenants, it may automatically pass to the surviving co-owner. In that case, probate might not be needed to sell.
- If the property was held in trust, it depends on how the trust was set up and who the trustees are.
If you’re unsure whether probate is needed for the property you’re selling, it’s worth speaking to a probate solicitor or asking your conveyancer to help check the title deeds.