Selling a Probate Property?

In this guide:

The term “probate property” refers informally to a property that formed part of a deceased person’s estate and needs to be dealt with – whether sold, transferred to a beneficiary, or otherwise disposed of – as part of the administration of that estate.

Before any of that can happen, the legal process of probate must usually be completed. Probate does two things: it confirms the validity of the deceased’s will (if one exists), and it issues a formal document – the Grant of Probate – that gives the named executor the legal authority to manage and distribute the estate. Where there is no will, the process is slightly different; a family member or other eligible person must apply for Letters of Administration, which serves the same purpose but follows the Rules of Intestacy to determine who inherits.

It’s worth noting that not every property automatically requires probate before it can be dealt with. If a property was jointly owned – for example, by a married couple as joint tenants – it typically passes automatically to the surviving owner without the need for probate. However, where a property was owned solely by the deceased, or held as tenants in common rather than joint tenants, probate will almost always be required before the property can be sold.

Until the Grant of Probate or Letters of Administration is in place, the executor or administrator has no formal legal authority to sell. This is one of the key reasons why probate property sales tend to take longer and involve more complexity than a standard house sale – and why early legal advice and careful planning make such a significant difference to how smoothly the process runs.

Step 1: Determine if Probate Is Required

In most cases, probate is required before a property can be sold. However, there are exceptions, such as when the property is jointly owned and automatically transfers to the surviving owner. It’s important to check the legal ownership details, which can be found on the property’s title deeds.

Step 2: Apply for Probate

To sell the property, the executor named in the will must apply for a Grant of Probate (or Letters of Administration if there is no will). This document gives the executor legal authority to sell the property. The application can be made online or via a paper form, and it typically involves the following:

• Submitting the original will and death certificate.
• Completing the relevant HMRC Inheritance Tax forms. For deaths on or after 1 January 2022, many estates are classed as “excepted” and no longer require a separate IHT form – the probate application itself captures the necessary information. Where Inheritance Tax is due, or the estate is more complex, form IHT400 will be required.
• Calculating any Inheritance Tax due. The standard tax-free threshold is currently £325,000, with tax charged at 40% on the value above this amount. An additional residence nil-rate band of £175,000 may also apply if the deceased’s home is being left to direct descendants – potentially increasing the tax-free threshold to £500,000 for an individual. Both thresholds are frozen until at least April 2031. Where there is any uncertainty about the tax position, it is worth taking professional advice early.

Inheritance Tax must be paid by the end of the sixth month after the person died – specifically the last day of that sixth month, not six months from the date of death itself.  If this payment deadline is missed, HMRC begins charging interest on the outstanding amount from the following day. Where the estate includes property, HMRC may allow Inheritance Tax to be paid in ten annual instalments, with the first payment due within six months of death – though interest accrues on the outstanding balance.

The probate process can take anywhere from 4 to 12 weeks, depending on the complexity of the estate and any delays at the Probate Registry.

Step 3: Value the Property

Obtaining an accurate valuation of the probate property is essential. You will need this valuation for both probate purposes and setting a realistic asking price for the sale. Valuations can be obtained from:

• Estate agents (multiple quotes are recommended).
• Chartered surveyors for a formal RICS valuation.
• Online tools for a rough estimate (use with caution).

Ensure the valuation reflects the property’s condition and any unique features. It’s also worth noting that HM Revenue & Customs (HMRC) may challenge valuations that seem unrealistically low.

Step 4: Decide on the Method of Sale

There are several ways to sell a probate property, and the best option depends on your priorities, such as speed, price, or simplicity:

• Traditional Estate Agent: Traditional estate agency gives the best chance of achieving market value, but it isn’t without risk. Buyer chains, protracted negotiations and last-minute price reductions are all common occurrences – and for run-down properties, the private treaty method of sale can make the process particularly unpredictable.
• Auction: Public auction is a particularly effective route for properties with potential – doer-uppers, those in need of modernisation, or homes with unique features – as competitive bidding can actively drive up the price beyond expectations. While any type of property can be sold at auction, it tends to work best where buyers can see opportunity. Do keep in mind that results can vary, and some properties may still fetch less than they would on the open market.
• Quick Sale Companies: Firms that specialise in purchasing probate properties for cash often promise to complete transactions within weeks – however, as a private treaty sale, the process isn’t always as straightforward as it first appears, and is still liable to delays and price reductions. This option also typically involves a significantly discounted sale price.

Step 5: Prepare the Property for Sale

Probate properties are often sold “as-is,” but a little preparation can make a big difference:

• Declutter and remove personal items to make the space feel neutral.
• Address minor repairs and ensure the property is clean.
• Consider a fresh coat of paint to enhance the property’s appeal.
• Obtain an Energy Performance Certificate (EPC), which is legally required for selling a property in the UK.

Step 6: Market the Property

Once the property is ready, work with your chosen agent to create a compelling marketing strategy. Professional photographs, floor plans, and detailed descriptions can help attract serious buyers. Highlight unique selling points, such as location, potential for renovation, or proximity to amenities.

Step 7: Insure the property

Finally, remember to keep the property insured. Be sure to update the insurance company with the new policyholder’s details. If the property is vacant, you may need to secure a new policy, as standard property insurance typically doesn’t cover unoccupied properties beyond 30 days.

There are 3 key reasons why probate properties are suited to sale at auction:

• Firstly, there are certain responsibilities an executor has towards the beneficiaries named in the will. The executor has a duty to ensure the property is marketed for sale on the open market to achieve a fair price. One way to do this is to sell the property at public auction, which offers a transparent sale, so there is no way the executor can be accused on under selling the property.

• Secondly, many of the probate properties that we come across have not been updated in recent years. Properties in need of refurbishment, particularly those in popular areas generate a lot of demand at auction. It’s not uncommon to see an unmodernised property sell at auction for a lot more than an estate agents suggested asking price.

• Lastly, all parties involved in probate will usually be keen to settle the estate as quickly as possible. Taxes need to be paid and the beneficiaries share of the estate paid out. Auction is the quickest and most reliable route to selling.

Inheritance Tax and probate fees

The probate application fee is currently £300 for estates valued over £5,000, with no fee payable for smaller estates. This applies whether the application is made by an individual or a professional service. A separate change worth noting: from 17 November 2025, the fee for official copies of Grants of Probate, Wills, and Letters of Administration increased to £16 per copy, up from £1.50. Executors typically need several copies to send simultaneously to banks, insurers, and other institutions – so it is worth factoring this into your cost planning from the outset.

Building Safety Act 2022

If the probate property is a leasehold flat, it is essential to check whether the Building Safety Act 2022 applies. The Act primarily affects residential buildings that are over 11 metres high or five storeys or more. For qualifying properties, there are specific documents that must be produced when selling – including a Leaseholder Deed of Certificate and a Landlord Certificate – which confirm what protections apply against the costs of any fire safety or cladding remediation works. These requirements add a layer of complexity to conveyancing, and solicitors and buyers’ lenders will ask for this documentation. Executors selling a leasehold flat in a taller block should raise this with their solicitor early, as gathering the required information takes time.

Energy efficiency and EPCs

An Energy Performance Certificate (EPC) is legally required to market any property for sale in England and Wales, and probate properties are no exception. If the property hasn’t been sold or let in the last ten years, a new EPC will be needed. Beyond the immediate sale requirement, it is worth being aware that the government has confirmed new minimum energy efficiency standards for the private rented sector: privately rented homes in England and Wales will be required to meet the equivalent of EPC C by 1 October 2030. This doesn’t directly affect a sale, but if the property has a low EPC rating and a buyer intends to let it, they will factor future upgrade costs into their offer. At auction, a poor EPC rating is unlikely to prevent a sale, but it will influence the price.

Renters’ Rights Act 2025

This is directly relevant to any probate property that currently has tenants in situ. The Act received Royal Assent on 27 October 2025, with implementation expected in stages throughout 2026. From 1 May 2026, landlords in the private rented sector will no longer be able to evict tenants without a valid reason – so-called “no-fault” evictions under Section 21 are being abolished. All tenancies will become periodic with no fixed end date. For executors hoping to sell a tenanted probate property with vacant possession, this means that removing a tenant will require one of the defined legal grounds for possession and the correct notice procedures. Taking early legal advice on the tenancy position is important, and auction remains a viable route for tenanted properties, as it attracts buyers who are comfortable purchasing with a tenant in place.

Leasehold and Freehold Reform Act 2024

This Act introduced a number of changes to leasehold law that are relevant to probate sales involving leasehold properties. Among the most significant for executors is a simplification of the process for qualifying leaseholders to extend their lease or purchase their freehold, and changes to how ground rents and service charges are handled. If the probate property is leasehold with a short lease, it may now be easier – and potentially more cost-effective – to negotiate an extension before sale than it was previously. Your solicitor can advise on whether the Act affects your specific property and whether a lease extension would be worth pursuing ahead of the sale.

Selling a probate property comes with complications that a straightforward house sale simply doesn’t. Many of these catch executors off guard – not because they’ve done anything wrong, but because some issues only come to light once the sale process begins. Here are the most common ones to be aware of.

Probate hasn’t been granted yet

The grant of probate is the legal document that confirms an executor’s authority to deal with the estate, including selling the property. Without it, a sale cannot legally complete. The application process involves submitting a detailed account of the estate’s assets and liabilities to HMRC, to calculate any Inheritance Tax due, and then applying to the Probate Registry. This can take anywhere from a few months to considerably longer if the estate is complex – and delays are common, often caused by incomplete paperwork or backlogs at the Registry itself. Checking all forms carefully before submission and taking professional advice on complex estates can help avoid unnecessary hold-ups.

For a conventional sale, it is possible to market the property and agree a sale while probate is still pending – exchange and completion simply cannot happen until the grant is in hand. Auction is different; the sale becomes legally binding on the fall of the hammer, an auctioneer will typically require the grant of probate to be in place before the property is entered into a sale. They cannot risk a situation where a buyer has exchanged contracts but completion is delayed – or cannot happen at all – because the grant hasn’t come through in time.

In rare cases, an auctioneer may agree to offer a property subject to the grant of probate being received, making that the one outstanding condition of the sale. However, this is not common practice – most auctioneers are reluctant to take on a sale with that degree of uncertainty, and a buyer who faces an open-ended wait is unlikely to be a happy one. The practical advice is straightforward: start the probate application as early as possible, take professional help if the estate is at all complicated, and speak to your auctioneer about timing before committing to a sale date.

The property is unregistered

Some older properties – particularly those that haven’t changed hands for decades – may not be registered with HM Land Registry. This often comes as a complete surprise to family members, who assume all property ownership is automatically recorded somewhere. In fact, registration only became compulsory in England and Wales on a sale from 1990 onwards, so older properties that have been in the same family for a long time may have no registered title at all.

Ownership instead rests on physical title deeds, which may be held by a solicitor, a bank, or tucked away in the deceased’s paperwork. If they can’t be found, the process becomes more complicated still. First registration adds time and legal cost to the sale process. Your solicitor should check the registration status early so there are no surprises further down the line.

Short lease

If the property is leasehold, checking the remaining lease length should be one of the first steps. Mortgage lenders typically require a minimum lease length – often 70 to 85 years depending on the lender – which means a short lease significantly reduces the pool of potential buyers and can affect the price. The problem can creep up on people: a lease that was 99 years when the property was bought may now have 60 or 70 years remaining without the family having given it much thought.

Options include negotiating a lease extension before sale, which adds time and cost but can meaningfully increase value, or pricing the property to reflect the short lease as it stands. Auction can be a particularly effective route in this situation, as it attracts experienced buyers and investors who understand leasehold issues and are often purchasing with cash.

Title complications

Older properties can carry a range of title issues that only surface when a solicitor investigates the deeds and registers. Common examples include restrictive covenants limiting what can be done with the property, boundary disputes – sometimes long-running ones the family wasn’t fully aware of – unusual arrangements such as flying freeholds, undocumented rights of way, or extensions and conversions carried out without planning permission or building regulations approval.

None of these are necessarily fatal to a sale, but they need to be identified and disclosed early. Surprises at the conveyancing stage cause delays, deter buyers, and can unravel agreed sales. Getting your solicitor to carry out a thorough investigation of the title as early as possible – ideally before marketing begins – gives time to resolve or price in any issues before they become a problem.

The executor doesn’t know much about the property

Selling any property involves completing detailed forms about its history – works carried out, planning permissions, known disputes, boundary arrangements, and so on. For an executor who didn’t live at or frequently visit the property, many of these questions can be genuinely difficult to answer. Important documents may be missing, and there may be no one left who knows the full story.

The key is to be honest about the limits of your knowledge rather than guessing. Solicitors are used to working with executors in this position and can guide you on how to handle gaps in information. In some cases, insurance products known as indemnity policies can be used to protect buyers against specific unknown risks, which allows the sale to proceed even where full information isn’t available.

Unrealistic price expectations

It’s entirely natural for family members to feel the property should fetch more than professional valuations suggest. There may be emotional attachment, a strong sense of what the estate deserves, or simply a disconnect between what prices feel like they should be and what the current market actually supports. This can become a source of tension between executors and agents, and at auction, can result in an unrealistic reserve that leads to the property not selling on the day.

The most effective way to manage expectations is to gather independent valuations from two or three agents alongside comparable sold prices in the area. It’s also worth remembering that executors have a legal duty to obtain the best reasonable price for the estate, which means serious engagement with professional advice rather than holding out on instinct alone.

Multiple executors or beneficiary disagreements

When several people are involved in the decision-making process – whether as co-executors or as beneficiaries with strong views – things can slow down considerably. Disagreements about timing, asking price, choice of agent, or whether to sell at all are common. Family dynamics that have nothing to do with the property can also influence the process in ways that are difficult to manage.

Where disagreements are proving difficult to resolve, it can be worth appointing a professional mediator. This is often quicker and far less expensive than pursuing matters through the courts, and it preserves relationships that might otherwise be damaged permanently. A good solicitor can help identify when mediation is appropriate and refer to a suitable service.

Family members still living in the property

Sometimes a property isn’t vacant at the point of sale – a family member may have been living there informally, a friend may have been “keeping an eye on things”, or there may be a formal tenancy in place. Any of these situations needs to be resolved before the sale can proceed, as vacant possession is almost always required.

Formal tenancies carry legal protections and cannot simply be ended at short notice – you will need to follow the correct notice procedures, which take time. Informal occupants present a different kind of complexity, often involving difficult conversations with people who may be grieving too. It’s important to take legal advice early on the specific situation rather than assuming it will sort itself out.

Maintaining the property while you wait

There can be a significant gap between the date of death and the point at which probate is granted and the sale can progress. During this time, the property is the executor’s responsibility – and an empty property needs considerably more attention than most people expect.

Standard home insurance typically becomes invalid once a property has been unoccupied for more than 30 to 60 days. Executors should arrange specialist vacant property insurance as soon as possible – this covers risks such as fire, flood, vandalism, and escape of water, all of which are more likely to go undetected in an empty home. Beyond insurance, there are practical steps worth taking: keeping the garden tidy (an overgrown front garden signals vacancy), maintaining heating at a low level during cold months to prevent burst pipes, carrying out regular visits or arranging for someone local to check in, and ensuring the property is secure. A visible build-up of post is an obvious sign that no one is home. Some of these costs may be recoverable from the estate, so it’s worth keeping records of any expenditure.

Inheritance Tax pressure

Inheritance Tax is generally due within six months of the date of death. Where a property forms a significant part of the estate, executors can find themselves under real pressure to sell quickly in order to meet this deadline and avoid interest charges. This urgency can sometimes work against getting the best outcome – rushed decisions about pricing or sale method tend not to serve the estate well.

It’s worth taking early advice from a solicitor or accountant on the likely tax position and the timing implications. HMRC does allow Inheritance Tax on property to be paid in instalments in some circumstances, which can ease the pressure. Auction is also worth considering as a route, given its relative speed and certainty compared to a conventional sale – exchange happens on the day, and completion typically follows within 28 days.

How auction can help

Many of the issues above – short leases, title complications, vacant or tenanted properties, or simply the need for a quick and certain sale – are particularly well suited to the auction process. Buyers who bid at auction tend to be experienced and are purchasing with eyes open, having reviewed the legal pack in advance. Exchange happens on the fall of the hammer, completion typically follows within 28 days, and there is no chain to manage or buyers to chase. For executors who need to move efficiently and cleanly through the sale, auction is often the most practical route available.

1. Can I sell a probate property before probate is granted?

You can market the property and accept offers before probate is granted, but the sale cannot legally complete until the Grant of Probate is in hand. If you’re selling by auction, most auctioneers will require probate to be granted before entering the property into a sale, as the sale becomes legally binding on the fall of the hammer. Starting the probate application as early as possible is the best way to avoid delays to the sale.

2. How long does it take to sell a probate property?

The timeline varies considerably, but executors should allow at least three to six months from the date of death to completion of the sale – and often longer if the estate is complex or if there are complications with the property itself. Obtaining the Grant of Probate typically takes four to twelve weeks, though delays at the Probate Registry are common. Once probate is granted, auction offers one of the fastest routes to completion, with exchange on the day of the sale and completion typically following within 28 days.

3. Do I need a solicitor to sell a probate property?

While it isn’t a strict legal requirement, using a solicitor with probate experience is strongly advisable. The process involves legal, financial, and administrative steps that are easy to get wrong, and errors can cause significant delays or expose the executor to personal liability. A solicitor will also prepare the legal pack required for an auction sale, which needs to be ready before the auction date.

4. What is the difference between a Grant of Probate and Letters of Administration?

A Grant of Probate is issued when the deceased left a valid will naming an executor. Letters of Administration serve the same purpose – giving someone legal authority to deal with the estate – but are issued when there is no will, or when the named executor is unable or unwilling to act. Both documents allow the property to be sold, but the process for obtaining Letters of Administration can sometimes take a little longer, particularly where the identity of the rightful administrator needs to be established.

5. Can beneficiaries object to the sale of a probate property?

Beneficiaries cannot usually prevent an executor from selling a property if the sale is necessary to settle the estate – for example, to pay Inheritance Tax or distribute the estate’s value. However, beneficiaries can raise concerns if they believe the executor is not acting in the best interests of the estate, such as selling at a significant undervalue. This is one reason why auction is a defensible choice – the open, competitive bidding process demonstrates that the market has set the price, which is difficult to challenge.

6. What if there is no will?

If the deceased died without a will – known as dying intestate – the estate is distributed according to the Rules of Intestacy, which set out a fixed order of priority for who inherits. Before the property can be sold, someone will need to apply for Letters of Administration to obtain legal authority to act. The rules around who qualifies to apply can be complicated, particularly in blended families or where relationships are disputed. Taking early legal advice is important in intestacy situations.

7. Can the executor buy the probate property themselves?

An executor can purchase a probate property, but they must be extremely careful in doing so. As an executor, they have a legal duty to act in the best interests of the beneficiaries and to obtain the best reasonable price for the estate. Buying the property themselves creates an obvious conflict of interest. To manage this, they should obtain independent valuations, ideally sell through a transparent process such as auction, and take legal advice before proceeding. Beneficiaries must be informed, and in some cases their consent is required.

8. What are the costs involved in selling a probate property at auction?

The main costs to budget for are the probate application fee (currently £300 for estates valued over £5,000), solicitor’s fees for the probate process and preparation of the auction legal pack, and the auctioneer’s fees. Auction fees vary – some auctioneers charge the seller a commission on the sale price, others charge the buyer, and some offer a no-sale, no-fee arrangement. There may also be costs associated with clearing and maintaining the property while the sale progresses. It is worth getting a clear picture of all likely costs early on so there are no surprises when the estate is settled.

9. How is the reserve price set for a probate property at auction?

The reserve price is the minimum price below which the auctioneer cannot sell the property. It is agreed confidentially between the executor and the auctioneer before the sale. Setting the right reserve is important – too high and the property risks not selling on the day, which can be frustrating and time-consuming; too low and the estate may not achieve its full value. A good auctioneer will provide comparable evidence and guide executors towards a realistic figure. Executors should also bear in mind their duty to the beneficiaries when agreeing the reserve.

10. What happens if the property doesn’t sell at auction?

If bidding doesn’t reach the reserve price, the property is said to be “available” and does not sell on the day. This isn’t the end of the road – the auctioneer will typically approach interested parties after the sale to negotiate a private sale, and the property can be re-entered into a future auction. It’s also worth reviewing whether the reserve was set at a realistic level and taking fresh advice on pricing. To minimise the risk of this happening, it’s important to work with an experienced auctioneer and to set a reserve that reflects genuine market interest.

Selling a probate property in the UK involves navigating legal, financial, and emotional challenges. By understanding the steps involved and staying informed about recent legislative changes, you can ensure a smoother process. Whether you choose to sell through an estate agent, auction, or directly to a cash buyer, careful planning and preparation will help you achieve the best outcome for all parties involved.

If you need advice or support with selling a probate property, don’t hesitate to get in touch with our team today.

Hundreds of Will and Probate questions and answers:
The Gazette – Probate FAQ’s (external link)

What to do when someone dies – a checklist:
The Gazette – Probate Checklist (external link)

Guide to applying for probate:
GOV.UK – Guide to Applying for Probate (external link)

Guide to selling an inherited property:
Auction Link – Guide to Selling an Inherited Property