Selling a house in probate: a guide for executors

You can start selling a house in probate before the paperwork is finished. Executors in England and Wales can get valuations, choose an estate agent or buyer, market the house and agree a sale while they wait for the grant of probate. What they can't do is exchange contracts (the point when the sale becomes legally binding) or complete until the grant has been issued. This guide explains what executors can do at each stage, how long it usually takes, what's expected of them, and the honest pros and cons of each way to sell.

It's general information, not legal advice. If the estate is complicated, or anyone might dispute the will, speak to a probate solicitor before you put the house on the market.

What does "in probate" mean?

A house is described as "in probate" when its owner has died and the person dealing with their estate is waiting for, or has just received, the legal authority to deal with it. That authority is:

• a grant of probate, if there's a will that names executors, or
• letters of administration, if there's no will (the closest relatives apply and become administrators).

Both are called "the grant", and both give the same power to sell. In this guide, "executor" covers administrators too.

Not every house needs probate. If it was owned by two people as joint tenants, it passes automatically to the survivor, who can sell it without a grant. Our guide to selling an inherited house explains the different types of ownership.

Can you sell a house before probate is granted?

You can prepare and market it, but you can't finish the sale until the grant arrives.

Before the grant	After the grant
Secure and insure the house	Exchange contracts
Get a valuation at the date of death	Complete the sale and hand over the keys
Choose an estate agent, auction or buyer	Receive the money into the estate
Market the house and agree a sale "subject to probate"	Pay debts, taxes and costs from the proceeds
Instruct a solicitor and get the paperwork ready	Share out what's left

GOV.UK's own advice is cautious: it says you should not put property on the market until you've got probate. That's because nobody can promise when the grant will arrive, and a buyer who's kept waiting may pull out. The Gazette (the UK's official public record) explains that executors can take early steps, and can market the house when the estate is straightforward and the grant is expected soon, but shouldn't market it if the will might be challenged.

A sensible middle path for many executors is to get everything ready, then start marketing once the probate application has gone in. Whatever you do, tell buyers clearly that the sale depends on the grant.

How long does it take?

Every estate is different, but the steps usually run in this order:

Step	Typical timing
Register the death and find the will	The first few weeks
Value the estate and deal with Inheritance Tax	Weeks to months, depending on the estate
Apply for the grant	Once the tax side is done
Grant issued	GOV.UK says usually within 12 weeks of applying, longer if more information is needed
Exchange and complete	Soon after the grant if a buyer is ready, months if you only start marketing then

The application fee is £526 if the estate is worth more than £5,000 (the fee from 13 July 2026). There's no fee for estates of £5,000 or less.

If the estate needs a full Inheritance Tax account, form IHT400 has to be sent to HMRC before you apply, and any tax owed normally has to be at least partly paid before the grant is issued. So the tax side can easily take longer than the probate application itself.

Your duties as an executor when selling

Selling the house is often the biggest job an executor has. You're acting for the estate and the people who inherit from it, not for yourself, so it helps to know what's expected.

• Get proper valuations. You need the value at the date of death for Inheritance Tax and for working out any Capital Gains Tax later. Keep the report. If you accept less than an agent's valuation, write down why.
• Keep the beneficiaries informed. Talking early avoids disputes later. If you're thinking of selling below the open-market price for speed, get their agreement in writing.
• Act together with your co-executors. If more than one executor has taken out the grant, the law says they must all agree to the sale (or get a court order). They all sign the contract and transfer.
• Don't buy the house yourself without advice. An executor buying from the estate they manage is tightly restricted. If you or a relative wants to buy it, speak to a solicitor first and get an independent valuation.
• Look after the house. Insurance, security and bills are paid from the estate while it's empty. Tell the insurer the owner has died, because standard cover may not apply to an empty home.
• Protect yourself before sharing out the money. Executors can place a "deceased estates" notice in The Gazette and a local newspaper, giving anyone with a claim at least two months to come forward. Once that period ends, you can distribute the estate without being liable for claims you didn't know about.

The taxes that affect a probate sale

Inheritance Tax

Inheritance Tax is worked out on the whole estate, not just the house. In the 2026 to 2027 tax year the standard threshold is £325,000, and it can rise to £500,000 when the home goes to children or grandchildren. Tax on the value above the threshold is charged at 40%, and it's due by the end of the sixth month after the death.

Tax on a house can usually be paid in 10 yearly instalments, normally with interest, but whatever is still owed must be paid in full once the house is sold.

If the house sells for less than its value at the date of death, the person liable for the tax may be able to claim relief on form IHT38, which recalculates the tax using the sale price. GOV.UK says that in most cases the sale must be within 3 years of the death, and some sales within 4 years can also qualify.

Capital Gains Tax

There's no Capital Gains Tax on the value of the house at the date of death. Tax is only due on any rise in value between the death and the sale, after costs such as agent and legal fees. When executors sell, they can use the £3,000 annual exempt amount for the tax year of the death and the next two tax years. Any gain above that is taxed at 24% for personal representatives in the 2026 to 2027 tax year, and must be reported and paid within 60 days of completion.

Our guide to Capital Gains Tax on inherited property goes into more detail, and Inheritance Tax on a house explains the thresholds.

Your options for selling a probate property

Route	Price	Speed after the grant	Suits
Estate agent	Usually the highest, if the house is in fair condition	Often a few months, longer with a chain	Houses in decent condition, when the estate can wait
Auction	Can work for run-down or unusual homes, but the price isn't certain and there are fees	Weeks from listing	Homes needing a lot of work
Cash buying company	Usually below market value	Weeks, sooner if the paperwork is ready	Estates that need a quick, certain sale
A family member	Agreed between you, ideally from an independent valuation	Depends on their finances	Keeping the house in the family

When an estate agent is likely to get more: if the house is in reasonable condition, the estate can cover the running costs for a few months, and the beneficiaries want the highest price. Most probate houses in fair condition sell well on the open market, and that's usually the right place to start. A quick cash sale doesn't suit executors who can wait and whose main aim is the highest price.

When a quick sale can make sense: if the house needs a lot of work, the beneficiaries want certainty, the executors live far away, or the cost of keeping it empty is eating into the estate. You give up some of the price in return for speed and less to organise.

If you'd like a comparison, we're a cash buyer covering England and Wales. We make an offer within 24 hours, pay the legal fees, buy the house as it is, and the executors choose a completion date that fits around the grant. Our offer is below market value, we show you how we worked it out from recent sales nearby, and there's no obligation to accept. Our cash offer vs estate agent calculator helps you compare the two with your own figures.

What can hold up a probate sale?

• A dispute over the will. If someone might challenge it, take legal advice and wait for the grant before marketing.
• Missing or unregistered deeds. Check early whether the house is registered with HM Land Registry. A conveyancing solicitor can deal with an unregistered title, but it takes time.
• Tenants in common. If the person who died co-owned the house as a tenant in common, the surviving owner may need to appoint a second trustee to sell, and the deceased's share of the money goes to their estate.
• A mortgage or equity release. Tell the lender about the death, ask for a redemption figure early, and ask how long they'll allow for a sale.
• A leasehold flat. You'll need a management pack from the landlord or managing agent, which can take weeks.
• An empty house in winter. Burst pipes and break-ins happen. Keep the heating on low or drain the system, and check the insurance covers an empty home.

A checklist for executors

• Death certificates and the original will
• A date-of-death valuation of the house, kept on file
• Inheritance Tax reported to HMRC, and any tax due paid
• The probate application sent, and the grant received
• Insurance updated for an empty property
• The council told about the death: an empty home you're selling for someone who has died usually has no council tax to pay until probate, and stays exempt for up to 6 months after in England, or up to 12 months in Wales (see council tax on empty homes)
• Beneficiaries kept informed, with written agreement for any discounted sale
• A conveyancing solicitor instructed
• A deceased estates notice placed before the money is shared out
• Capital Gains Tax checked and, if due, reported within 60 days of completion

Our costs of an empty house guide adds up what each month of waiting costs the estate, which helps when you're weighing a quick sale against a longer one.