Can you sell a house before getting probate: Everything you need to know

Introduction

When someone dies who owned a house or flat, there is a lot to do at an already difficult time. A common concern is whether the property can be sold before probate is granted. Families may feel pressure to start the process, especially if bills are mounting or a buyer is already interested.

This article explains:

what is legally possible
what is often misunderstood
how property sales fit into the UK probate process.

Trustestate will explain clearly what you need to do, whether you are an executor, administrator, or family member.

What is probate and why does it matter when selling a property?

Probate is the legal process that gives someone the authority to deal with the money and possessions of someone who has died (their estate). Probate is usually needed if someone owned property and/or had more than a few thousand pounds in savings or investments.

If there is a will, the named executors need to apply for a Grant of Probate
If there is no will, an administrator (usually next of kin) will apply for Letters of Administration.

Until probate is granted, no one has the legal authority to transfer ownership of a property that belonged solely to someone who has died.

Can you sell a house before probate is granted?

You cannot legally complete the sale of a property before probate is granted, but you can often start the process. In practice, selling a house involves several stages, and not all of them require probate.

This applies when the property was owned solely by the person who died, or they owned it jointly as tenants in common. If the property is owned with someone else as joint tenants, legal ownership will pass to the joint owner. They will need to update the Land Registry, and can sell the property before probate is granted on the rest of the estate, if they wish.

What can you do to start the process of selling a house before probate?

There are many things you can do to start the process of selling a property before probate is granted. Executors or families can:

get a probate property valuation [link to Valuing a property before probate]
prepare the house for sale
clear the property (with care and within limits, see below)
instruct estate agents
market the property and hold viewings
accept an offer, as long as it is clear that this is subject to probate
Instruct a conveyancing solicitor to start the legal process.

What can’t you do to sell a property before probate is granted?

If you would like to sell a property and probate is not yet granted, you cannot:

exchange contracts
complete the sale
transfer legal ownership to the buyer

Selling a house before probate is granted: How it works in practice

Many UK probate property sales follow a timeline as follows.

Someone dies, and their estate enters administration
The property is valued for probate and inheritance tax purposes (along with the rest of the estate).
The executors apply for probate.
The house is put on the market while probate is pending.
If a favourable offer is received, it is accepted subject to grant of probate.
Probate is granted.
Contracts are exchanged and the sale completes.

This approach of putting the house on the market while probate is pending can save months compared to waiting for probate to complete.

Can executors sell a property before probate?

Executors do not have full legal authority to sell a property until probate is granted. They do have limited powers to prepare the estate for administration.

Executors can:

Instruct professionals (estate agents, valuers, solicitors).
Maintain and insure the property.
Market the property for sale.

However, executors cannot complete a probate property sale until the grant of probate is issued.

Why do families choose to market a probate property early?

Selling inherited property can be emotionally and financially challenging. Families often choose to begin the sale early because:

probate delays are common in the UK
empty properties still incur costs (insurance, utilities etc)
buyers are often willing to wait once probate is explained
early marketing reduces overall administration time.

Handled properly, starting to market the property once a probate application is submitted can be a sensible and widely accepted approach.

Common misunderstandings about selling property before probate

There are some common beliefs about selling houses after someone dies which are misunderstandings.

“You’re not allowed to do anything until probate”

Not true. Many early steps in the process are allowed and encouraged.

“Accepting an offer is illegal before probate”

Also not true, as long as the offer is clearly subject to probate.

“Buyers won’t be interested”

In reality, many buyers are familiar with probate sales, especially in certain markets.

Dealing with property after death: Practical considerations

Marketing and selling property is only one part of dealing with any house or flat left by someone who dies. As the process takes some time, there are a few things to consider.

Insurance and maintenance

If a property is empty, standard home insurance may no longer be valid or provide sufficient cover. Executors need to make sure that appropriate cover is in place in case of damages or theft. Executors are also responsible for making sure that the property is secure, and make sure that any maintenance is carried out.

Inheritance tax and valuations

The probate value of the property is used for inheritance tax calculations. This valuation should reflect the open market value at the date of death, not an optimistic asking price.

Being sensitive to people’s feelings

Selling a family home, and dealing with someone’s possessions can be emotionally difficult for anyone with a connection to the person and their property. When deciding when to act, it’s a good idea for executors to keep all family up to date as much as possible, even if they are not due to inherit.

Giving family and friends an input into decisions about someone’s belongings can help prevent pain and avoid future disputes.

Probate process in the UK: How long does it take?

The probate process can take quite a bit of time. The time from someone dying to receiving an inheritance is often six months to a year – but it varies. Marketing a property at the right time can help reduce delays in estate administration.

Selling inherited property: Key things to remember

Here are some key points to remember when dealing with selling inherited property.

Probate is required to complete a sale, but not to start the process.
Executors must act in the best interests of the estate and beneficiaries.
Clear, honest and realistic communication with buyers avoids complications later.
Professional guidance can significantly reduce stress and mistakes – Book a free initial call with Trustestate if you would like to talk about your probate process.

Frequently asked questions about selling a house before probate is granted

Can you clear a house before probate is granted?

Yes, you can usually clear a house before probate, provided you act carefully. Executors should not dispose of items that may have financial or sentimental value without agreement from those who will inherit. It’s wise to keep records of anything that is removed and keep items until probate is granted if there is any uncertainty.

Can I move into a house before probate?

In most cases, moving into a house before probate is not recommended unless you already lived there or have clear legal entitlement. Occupying the property without authority can cause disputes between beneficiaries and complicate estate administration.

Can you sell a property before probate if you owned it as joint tenants?

Yes, if you owned a property as joint tenants with someone who died ownership passes automatically to the surviving owner. You will need to notify HM Land Registry of the death.

What happens if a buyer pulls out while waiting for probate?

There is nothing you can do if someone decides to pull out of a property purchase before probate is granted and contracts are exchanged. Sometimes probate can take a long time, and buyers can also drop out for other reasons. Before exchange of contracts either party can walk away without penalty. Clear communication with buyers about realistic probate timescales can help reduce the risk of this happening.

What happens when someone dies without a will, and you want to sell their house?

If someone dies without a will, the estate is administered under the rules of intestacy. An application must be made for Letters of Administration rather than a Grant of Probate. The administrator’s legal authority works in the same way, meaning the property still cannot be sold or transferred until the process is complete.

Trustestate can help

Dealing with property after someone dies can be a challenging and overwhelming part of the probate process. Trustestate can help. We offer a simple, streamlined service with expert support at every stage. Book a free call with one of our experts to find out more.

What we offer

Use our Probate and estate administration service and we’ll manage every stage of the process. We’ll take over all the admin, value the estate, apply to the court for probate, and share everything out.

Or if the estate is simple, and you have time, you can use our Grant of Probate only service, and we’ll apply for probate using information you provide.

Whichever service you choose, you’ll get dedicated advice every step of the way, and an online platform to keep track of everything.