Can you sell a house before probate?

The probate process can sometimes feel like a legal maze, and you should know your options if you’re looking to sell. In this guide, we’ll break it down in simple terms and answer the big question: can you sell a house before probate?

What is a house in probate?

When someone passes away, their estate—including any property they owned—needs to be legally transferred to their beneficiaries or executors. This process is known as probate. Probate is essentially the legal permission needed to deal with the deceased person’s assets, whether that means selling them or distributing them among their beneficiaries.

If the deceased left a will, the executor named in the will applies for a Grant of Probate. If there’s no will, the process is slightly different and a close relative must apply for Letters of Administration instead. Either way, this legal approval is usually required before any major financial actions (like selling a house) can take place.

Can you sell a property before probate is granted?

The short answer is: no, but you can start the process.

You can put the property on the market, conduct viewings and even accept an offer before probate is granted. But, you won’t be able to complete the sale until the probate process is finalised. This can be frustrating, especially if you’re keen to sell quickly, but there are ways to keep things moving smoothly while waiting for probate.

Here are a few things to keep in mind:

Check if probate is needed at all – If the property was jointly owned and the surviving owner is still living there, probate might not be necessary.

Get the probate application started ASAP – The sooner you apply, the sooner probate will be granted.

Keep buyers informed – Let potential buyers know that the sale is subject to probate. This helps to avoid conflict or confusion further down the line.

Work with a cash buyer – Some specialist cash buyers, like House Buyer Bureau, can offer more flexibility and help navigate the probate sale process efficiently.

While you can’t legally finalise the sale before probate is granted, you can lay all the groundwork so that once you have the legal green light, the process is smoother.

How to sell a house in probate

If you’re looking to sell a property in probate, follow these key steps:

1. Determine if probate is required

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If the property was jointly owned with a surviving partner, probate may not be necessary. Check the ownership details first.

2. Get the property valued

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Get a professional valuation to determine how much the property is worth. This will be needed both for probate and potential buyers.

3. Apply for probate

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The executor or administrator should apply for a Grant of Probate (or Letters of Administration if there’s no will). This process typically takes up to 12 weeks.

4. Prepare the property for sale

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Clear out personal belongings, complete any minor repairs, and consider staging the home to make it more appealing to buyers.

5. Find an estate agent or cash buyer

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Decide whether to sell through an estate agent or work with a specialist cash buyer who can speed up the process.

6. List the property and accept an offer

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While you can market the property and even accept an offer before probate is granted, contracts can’t be exchanged until the probate process is complete.

7. Wait for probate to be granted

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Continue progressing the sale while awaiting the official Grant of Probate. If you have a buyer interested in the house, keep them informed as this will keep them on side and make selling a smoother experience.

8. Complete the sale

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Once probate is granted, contracts can be exchanged and the sale can complete!

Do you need to sell your house fast?

If you’re in a hurry to sell and want a guaranteed sale, selling to House Buyer Bureau is quick and easy, and we’ll buy any house in any condition.

If you need guidance on selling an inherited property or want a quick, hassle-free sale, we’re here to help. Get in touch today to get your offer.

Probate and house sale FAQs

How long after probate is granted can you sell a house?

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As soon as probate is granted, the executor or administrator can legally complete the sale of the property. There’s no minimum waiting period, so if you’ve already got a buyer lined up, contracts can be exchanged immediately.

Can you live in a house during probate in the UK?

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Yes, you can usually live in the property during probate, provided you have the agreement of the executor or co-beneficiaries. You’ll need to maintain the home and cover costs including utilities, council tax and insurance.

Buying a house in probate: Do you pay stamp duty?

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Yes, if you buy a house in probate, you still have to pay Stamp Duty Land Tax (SDLT) as you would with any other property purchase.

If you inherit a property, you don’t pay stamp duty – but you may be liable for inheritance tax (depending on the estate’s value).

Can the executor sell a house that is in probate?

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Yes, the executor can sell the house, but they have to wait until probate is granted before the sale can completing.

How do you value items in a house for probate?

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To value items for probate, you should:

Make an inventory of all possessions, including furniture, jewellery and valuable items.

Get professional valuations for high-value assets such as antiques, artwork or collectibles.

Use estate agent appraisals for the property itself.

Keep records of valuations and any evidence used to support them, as HMRC may request details.

When is a house in probate?

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A house is considered to be in probate from the moment the owner passes away until the Grant of Probate (or Letters of Administration) is issued and the estate is settled. During this time, the property is legally under the control of the executor or administrator and cannot be sold or transferred without probate being granted.

Chris

Chris has worked in property all his career, first as a successful estate agent before spotting a gap in the market for buying property directly from people looking for a simple, quick sale.

He has a passion for property and as an experienced valuer, has looked at well over 50,000 properties so far at HBB. He has extensive experience in property buying and regularly comments in the press on property matters, trends and promotes ways to simplify and speed up the selling process.

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