Yes, you can put an inherited house up for sale before probate is granted, but the sale cannot complete, and contracts are not normally exchanged, until the grant of probate (or letters of administration) has been issued. Marketing, viewings, the legal pack and even an agreed price can all happen first. For an auction sale, the grant needs to be in hand before auction day, because an unconditional auction exchanges contracts when the hammer falls.
This page is for executors, administrators and families who have inherited a house or flat in England or Wales and want to sell it, possibly by auction. It explains what probate is, who needs it, what you can get on with while you wait for the grant, and how the timing works if you plan to sell at auction. It also covers the costs and taxes that come with selling an inherited home.
The answer at a glance
- Probate is needed to sell a home that was in the deceased person's sole name, or held as tenants in common. A home held as joint tenants passes to the surviving owner without it.
- You can market the property, hold viewings, prepare the legal pack and agree a price before the grant. Exchange, completion and registration at HM Land Registry have to wait.
- For an auction sale, apply for probate first and run the preparation in parallel, then place auction day after the grant is expected.
- Probate took about five weeks on average in mid-2026, and GOV.UK says to allow up to 12. Applications stopped for missing information took 14 weeks.
- Budget for the £526 court fee, Inheritance Tax within six months of the death, and Capital Gains Tax on any rise above the probate value. Council tax is not charged while the home is empty and awaiting probate.
- Insure the empty property, keep it secure and get the legal pack started early, so the sale can move as soon as the grant arrives.
Who needs probate before selling an inherited house
What to do: Check how the home was owned. If it was in the deceased person's sole name, or held as tenants in common, you will need the grant before the sale can complete.
Probate is the legal process of dealing with someone's estate after they die. Where there is a will, the executors named in it apply for a grant of probate. Where there is no will, the closest living relative applies for letters of administration. Both are types of grant, and both give the person holding them the authority to sell the property and distribute what is left. On this page we use "the grant" to mean either.
Whether you need a grant at all depends on how the property was owned, not on who inherits it.
Joint tenants: no probate needed
If the home was owned jointly as joint tenants, it passes automatically to the surviving owner when the first owner dies. This is called survivorship. The surviving owner can sell in the usual way once the death has been registered with HM Land Registry, and they do not need probate for the property. GOV.UK confirms that land or property owned as joint tenants passes to the surviving owners without a grant. Many couples own their home this way, married or not, and so do some relatives, so the rule is about the type of ownership rather than the relationship.
Tenants in common and sole owners: probate needed
If the home was in the deceased person's sole name, their estate owns it until the grant is issued and the property is sold or transferred. If it was owned as tenants in common, each owner held a distinct share, and the deceased person's share passes under their will or the intestacy rules rather than to the other owner. In both cases the grant is needed before the property, or that share of it, can be sold.
If you are not sure which type of joint ownership applied, the title register at HM Land Registry will usually tell you. The register never uses the words "tenants in common"; instead, a tenancy in common is shown by a "Form A" restriction in the proprietorship register. No restriction usually means joint tenants, but a conveyancer can confirm it from the original transfer in a few minutes.
Executors and administrators are not quite in the same position
An executor's authority comes from the will itself, so it exists from the date of death. In law, executors can agree to sell estate property before the grant is issued, as the Law Society's practice library explains, although the same guidance says it is not recommended in practice. An administrator's authority only starts when the letters of administration are issued, so before then they cannot commit the estate to anything, and HM Land Registry will not accept a transfer signed by an administrator before their grant was issued.
In practice the difference is smaller than it sounds. A buyer's solicitor will not complete a purchase from an executor without seeing the grant, and HM Land Registry will not register the buyer as owner without it. So whichever position you are in, the grant is what unlocks the sale.
What you can do before the grant, and what has to wait
What to do: Use the waiting time. Everything up to and including agreeing a price can be done before the grant arrives, and the sale then moves quickly once it does.
Applying for the grant is the first job, and the sooner it goes in, the sooner the clock starts. While it is being processed there is a lot you can get on with. The diagram below splits the work into the steps you can take now and the steps that have to wait for the grant.
Before the grant you can:
- Get the property valued. You need a value at the date of death for the Inheritance Tax forms in any case, and the same figure becomes the starting point for Capital Gains Tax later. Our page on what price a house will sell for at auction explains how auction values are arrived at.
- Instruct a solicitor. They can deal with the estate and prepare for the sale at the same time.
- Prepare the legal pack. An auction sale needs an auction legal pack ready before the property is marketed. Title documents, searches and the property information forms all take time, so start them early. For a leasehold flat, the pack also needs the lease, the management pack from the freeholder or managing agent and recent service charge accounts, which can take several weeks to obtain. See our guide to selling a leasehold flat.
- Market the property and hold viewings. Estate agents and auctioneers both market probate properties before the grant. Buyers are used to seeing "sale subject to probate" on a listing.
- Agree a price. Through an estate agent, you can accept an offer subject to the grant. The buyer's solicitor will do their checks in the meantime and the parties exchange once the grant is through.
What cannot happen until the grant is issued is any step that transfers ownership. That means exchanging contracts in a way that binds the estate, completing the sale, registering the buyer at HM Land Registry and paying out the proceeds to the beneficiaries.
Optional: four things that speed up a probate sale
None of these is required, but each one shortens the gap between the death and the sale completing.
- Apply for the grant online rather than on paper. Online applications that are not stopped for queries took about two weeks in the April to June 2026 figures, against around 16 weeks for paper applications.
- Order two or three sealed copies of the grant with the application. They cost £2 each at that stage and £16 each later. A scan or a solicitor-certified copy satisfies most organisations, but HM Land Registry and some banks still want a sealed copy, and an ordinary photocopy is not accepted.
- Start the legal pack as soon as the solicitor is instructed. Searches and the management pack for a flat can take weeks, so the pack is ready the day the grant arrives.
- Clear the property and arrange the valuation while the application is with the registry. Viewings and auction photography can then go ahead without delay.
Selling at auction before probate: how the timing works
What to do: Apply for the grant, then book an auction date that falls after you expect to receive it. The legal pack and marketing can be prepared in the meantime.
Auction is a good fit for many inherited properties. Executors often want a sale that is certain and quick, the property may need work, and a competitive sale in the open market is easy to justify to beneficiaries. There is more on this in our guide to selling a probate property by auction.
The one thing auction changes is the timing. In an unconditional auction, contracts are exchanged the moment the hammer falls and the buyer pays a deposit on the day. Completion usually follows 28 days later. That certainty is the main reason people choose auction, but it also means the estate must be in a position to exchange on auction day. So the grant needs to be in hand before the auction, not just applied for.
Most auctioneers will not enter a probate property into an auction until the grant has been issued. The exception is where the grant is expected soon, so the auction date can be set for after it arrives. The usual approach is to apply for the grant straight away and get the legal pack and valuation done while it is being processed. The property then goes into the first suitable auction once the grant arrives. Allowing a few weeks for the next catalogue deadline, about four weeks of marketing and 28 days to completion, a sale can be completed around two to three months after the grant.
Some auctioneers will take a property before the grant, with a special condition in the contract that delays completion until the grant is issued. This can work, but it carries risk. If the grant is delayed, the buyer is kept waiting with their deposit tied up, and the special condition will usually give them a right to withdraw after a set period. It also narrows the pool of bidders. Where the grant is only a few weeks away, waiting for it is nearly always the better choice.
Unconditional or conditional auction?
The timing above applies to an unconditional auction, which is the type we recommend and the one that gives you a binding sale on the day. A conditional auction, often marketed as the modern method of auction, works differently. The winning bidder pays a reservation fee and then has a fixed period, typically 28 days to exchange contracts and a further 28 to complete. Nothing is binding until exchange. A conditional auction can be run before the grant because exchange happens later, but you give up the certainty that made auction attractive, and the buyer can still walk away. Our comparison of unconditional and conditional auctions sets out the differences in full.
Offers before auction day
Once the property is in the auction catalogue, buyers sometimes make an offer before the auction. These offers can be accepted on auction terms, with contracts exchanged straight away, but only once the grant is in hand. Our page on selling your home before auction day explains how to weigh up an early offer.
How long probate takes in 2026
What to do: Apply online, double-check the application for missing details, and plan the sale around a grant in 5 to 12 weeks rather than counting on the fastest case.
Probate is quicker than it was a few years ago, when waits of several months were common. GOV.UK says you will usually get the grant within 12 weeks of submitting the application, and longer if more information is needed. The Ministry of Justice's quarterly court statistics for April to June 2026 show a mean of five weeks from application to grant at HM Courts and Tribunals Service (HMCTS), and most straightforward online applications are dealt with faster than that.
The big variable is whether the application is "stopped". An application is stopped when the registry needs more information or evidence, most often about marriages, divorces or the original will. Stopped applications took 14 weeks on average in the same period, against two weeks for applications that went through cleanly. Around 24,000 of the 46,000 open cases at the end of July 2026 were stopped, according to the ICAEW's October 2026 update for probate firms. Getting the paperwork right first time is the single biggest thing you can do to speed probate up.
Letters of administration, where there is no will, usually take longer than a grant of probate. Estates that need a full Inheritance Tax account take longer again, as HM Revenue and Customs (HMRC) has to confirm the tax position before the grant can be issued. You can apply yourself online through the government's probate service or ask a solicitor to do it.
Costs and tax to plan for
What to do: Get the date-of-death valuation right, diarise the Inheritance Tax deadline, and tell the council the property is empty and awaiting probate.
Selling an inherited home brings some costs and tax points that do not arise on an ordinary sale. The diagram and table below set out the main ones, with the figures that apply in England and Wales as at October 2026.
| Cost or tax | What applies |
|---|---|
| Probate application fee | £526 where the estate is worth more than £5,000, and nothing below that. Extra copies of the grant cost £2 each if ordered with the application (GOV.UK). Solicitors' fees for handling the estate are separate. |
| Inheritance Tax | Charged at 40% on the part of the estate above £325,000. The threshold rises to £500,000 where the home passes to children or grandchildren (the extra allowance tapers away for estates over £2 million). Any tax must be paid by the end of the sixth month after the death, and usually before the grant can be issued (GOV.UK). Tax on property can be paid in yearly instalments, but interest runs. |
| Council tax | Not charged while the property is empty and probate has not yet been granted. Once the grant is issued, a further exemption of up to six months applies while the property stays empty and in the estate's name (GOV.UK). Tell the council as soon as possible. |
| Capital Gains Tax | No tax arises on inheriting. If the property later sells for more than its value at the date of death, the gain is taxable, and a residential property gain must be reported and paid within 60 days of completion. A sale soon after the grant rarely produces a large gain. |
| Selling below the probate value | If an estate paid Inheritance Tax and the home sells for less than the probate value within three years of the death (some sales in the fourth year also qualify), the executors can claim relief on the difference (form IHT38). Claiming it removes the matching capital loss, so take advice on which is worth more. |
| Auction costs | Commission and an entry fee, with the option in many auctions of a buyer's premium that passes the cost to the buyer. See our page on the costs of selling at auction for the usual ranges. |
The date-of-death valuation matters more than people expect. It sets the Inheritance Tax figure, it sets the Capital Gains Tax starting point, and HM Revenue and Customs (HMRC) can challenge a value that looks low if the property sells for much more soon afterwards. For a property that is going to be sold, a valuation from a surveyor who is a member of the Royal Institution of Chartered Surveyors (RICS) or two or three written appraisals from local agents is the usual approach.
Looking after the property while you wait
What to do: Tell the insurer the property is empty, keep it heated in winter, and visit regularly. An empty house loses value quickly if it is left to itself.
An inherited home is often empty for months between the death and the sale. Standard home insurance usually restricts cover once a property has been empty for 30 to 60 consecutive days (the exact period is in the policy), so contact the insurer early and arrange unoccupied property cover if needed. Keep the heating on low in cold weather to prevent burst pipes, clear post from the doormat, and ask a neighbour to keep an eye on the house. Executors are responsible for preserving the value of the estate, so these are not optional extras.
It is also the right time to decide what to do about the contents, and whether any repairs are worth doing before sale. For most probate properties sold at auction the answer is to clear the house and sell it as it is, because auction buyers price in the work. Our guide to selling an inherited property covers executors' duties, maintaining an empty home and the repairs question in more detail.
Scotland and Northern Ireland
This page describes the position in England and Wales. In Scotland the equivalent of probate is called confirmation, property is usually sold through a solicitor estate agent, and a sale becomes binding on conclusion of missives rather than at exchange. Northern Ireland has its own probate office and rules. The principle that the estate needs legal authority before it can transfer the property applies in all three, but the timings and terms differ, so take local advice.
Frequently asked questions
You can market it, hold viewings and agree a price, but you cannot complete the sale until the grant of probate or letters of administration has been issued. Buyers' solicitors will not complete without the grant, and HM Land Registry will not register the new owner. Most probate sales are agreed before the grant and completed after it.
Usually not until the grant is issued or expected before auction day. An unconditional auction exchanges contracts when the hammer falls, so the estate has to be able to sell on the day. Some auctioneers will accept a property with a special condition delaying completion until the grant, but this puts off bidders and gives the buyer a way out if the grant is slow. The better approach is to apply for the grant first, prepare the legal pack while you wait, and enter the property into the first auction after the grant arrives.
Where there is a will, the executors named in it apply for a grant of probate. Where there is no will, the closest living relative applies for letters of administration and the estate is shared out under the intestacy rules. Both grants give the holder authority to sell the property. Executors can agree a sale before the grant because their authority comes from the will; administrators cannot commit the estate until their grant is issued.
It depends on the type of joint ownership. A home held as joint tenants passes automatically to the surviving owner, who can sell without probate once the death is noted on the title. A home held as tenants in common is different: the deceased person's share passes under their will or the intestacy rules, so the grant is needed before that share can be sold. The title register at HM Land Registry shows which applies.
GOV.UK says to allow up to 12 weeks from submitting the application. HM Courts and Tribunals Service figures for April to June 2026 show an average of five weeks, with straightforward online applications often quicker. Applications that are stopped for missing information took 14 weeks on average, so check the forms carefully before sending them. Letters of administration and estates that owe Inheritance Tax tend to take longer.
The court fee is £526 where the estate is worth more than £5,000. There is no fee for smaller estates. Extra copies of the grant cost £2 each if ordered with the application (£16 each later). Two or three are usually enough: most organisations accept a scan or a certified copy, but HM Land Registry and some banks still ask for a sealed one. If a solicitor handles the estate, their fees are on top, either fixed or as a percentage of the estate.
Often, yes. Inheritance Tax is due by the end of the sixth month after the death, and HM Revenue and Customs (HMRC) normally needs to receive the tax, or an arrangement to pay it, before the grant can be issued. That can leave executors needing to pay tax on a house before they can sell it. The tax on a house can be paid in ten yearly instalments, with interest on the outstanding balance (the interest-free instalments introduced from 6 April 2026 apply only to farming and business assets), and the balance is cleared when the sale completes. Under HMRC's Direct Payment Scheme, banks, building societies and investment providers can pay some or all of the tax straight to HMRC from the deceased person's accounts before the grant. You apply with form IHT423, one per account.
Not while probate is pending. An empty property that belonged to someone who has died is exempt from council tax until the grant is issued. The exemption can then run for up to six months more if the home stays empty and in the estate's name. After the exemption ends, the full charge applies, and many councils now add a premium for homes left empty for a year or more. Tell the council about the death early so the exemption is applied from the start.
Only if the property has gone up in value since the date of death. Inheriting is not a disposal, so no tax arises at that point. When the house is sold, the gain is the difference between the sale price and the probate value, less selling costs. A sale within a few months of the death rarely shows much gain. Any gain on a residential property must be reported to HMRC and the tax paid within 60 days of completion.
If the estate paid Inheritance Tax, the executors can ask HMRC to substitute the lower sale price for the probate value, provided the sale completes within three years of the death, or in some cases the fourth year. The claim is made on form IHT38 and it refunds 40% of the shortfall. The catch is that the lower value then becomes the Capital Gains Tax base cost too, so the capital loss disappears. Where no Inheritance Tax was paid, there is nothing to reclaim, but the loss can be set against other gains.
A note on advice
This page is general information for England and Wales, not legal or tax advice. Estates differ, and the right order of events depends on the will, the ownership of the property and the Inheritance Tax position. Take advice from a probate solicitor before committing the estate to a sale, and check the GOV.UK pages linked above for the current fees and deadlines.
Next steps
If you are dealing with an inherited house or flat and want to know whether auction is the right route, request a free auction sale estimate, or call us on 0800 862 0206. We can talk through the timing around the grant and point you to a suitable auctioneer.
