Can I sell a property before probate is granted?

• You can market a property, arrange viewings and accept an offer before probate is granted, but you’ll need the Grant of Probate before the sale can complete.
• Some properties don’t need probate at all. If the deceased owned the property as joint tenants, for example, it usually passes straight to the surviving owner.
• If you’re an executor waiting for probate before a sale can go through and need help covering estate costs in the meantime, Provira’s Estate Advance can give access to up to 50% of the net value of the estate within days.

Yes, you can start selling a house before probate is granted.

Getting it valued, instructing an estate agent, listing it and even accepting an offer can all happen while probate is still in progress.

What you can’t normally do is complete the sale until the Grant of Probate comes through. That’s the document that gives you the legal authority to sell the property on behalf of the estate.

There is one important exception. If the property was owned as joint tenants, for example by a married couple, it will usually pass automatically to the surviving owner and won’t form part of the estate for probate.

If you’re an executor waiting for probate and estate costs are starting to build up,Provira’s Estate Advance can give you access to up to 50% of the net value of the estate within days.

Our Estate Advance comes with no hidden fees, no compound interest and you only repay it once probate is complete.

Start your application today.

What is probate and why does it affect selling a house?

Probate is the legal process that gives an executor the authority to deal with someone’s estate after they die, and theGrant of Probate is the document that proves it.

Without it, solicitors, banks and the Land Registry have no way of confirming that the person signing the paperwork actually has the right to sell the house.

That’s why, even though most of the work on a sale can happen early, solicitors will want to see the grant before letting a sale complete. It protects the buyer, the estate and the executor from the sale being challenged later.

If someone died without a will, the process works slightly differently. Instead of a Grant of Probate, the person dealing with the estate applies for Letters of Administration, but the same rule applies: you need that document before a sale can complete.

What can you do with a property before probate is granted?

You can get most of the work involved in selling a house done before probate is granted, it’s the final completion that has to wait.

Valuing the property, choosing an agent, listing it on the market and accepting an offer can all happen while the probate application is still with the Probate Registry.

That way, by the time the grant arrives, the sale is already lined up and ready to complete, rather than starting from scratch.

Can you sell a house without probate?

In most cases, no, but there are situations where probate isn’t needed at all. The main one is where the property was owned as joint tenants rather than tenants in common.

With joint tenancy, ownership passes automatically to the surviving owner under something called the right of survivorship, and the property never becomes part of the estate for probate purposes.

With tenants in common, the deceased’s share does form part of the estate, and probate is normally needed before that share can be sold. Our guide tojointly owned assets explains the difference in more detail.

So, if a house is involved in an estate, you will need a Grant of Probate unless it was held as joint tenants.

How does selling a property during probate work?

Selling a property during probate starts much like any other property sale. The house is valued and marketed, viewings take place and, hopefully, an offer follows.

Valuing and marketing the property

First, the property gets valued, either as part of the estate valuation or specifically for the sale, and an estate agent starts marketing it.

From there, viewings can take place and an offer can be accepted, all while probate is in progress.

Exchanging contracts and getting the grant

Whether contracts can be exchanged before the grant arrives is decided a bit more on a case by case basis.

Some solicitors will be happy to exchange with a condition that completion can only happen if probate is granted, while others prefer to wait until the grant is through before exchanging at all.

Getting the grant itself can take a few weeks, though it isn’t unusual for it to take longer. You can read more abouthow long probate takes in our full guide.

Completing the sale

Completion, when legal ownership of the property transfers to the buyer and the money changes hands, is the point when the Grant of Probate is needed. This is also the point the Land Registry needs to see the grant before it will register the change of ownership.

Take a £450,000 house as an example. It might go on the market in week one, have an offer accepted by week four, and the Grant of Probate might not arrive until week ten.

That’s the advantage of getting the property on the market while probate is still moving forward.

The money goes back to the estate

Once the sale completes, the money goes back into the estate, it isn’t paid straight to the beneficiaries.

The executor will first need to settle any outstanding debts, tax and estate expenses before the remaining money can be distributed.

Our guide onreceiving inheritance money in the UK explains this in more detail.

What if you need money before the sale completes?

Selling a house can take months even after probate is granted, and estate costs don’t wait for the sale to go through.

Inheritance Tax, legal fees, buildings insurance and general property maintenance all need paying while the house is still sitting on the market.

Imagine an estate where the main asset is a £700,000 house, with only £20,000 held in cash. The estate might owe Inheritance Tax, plus insurance and maintenance costs on the empty property, long before the sale brings in any money.

This is a common example of what’s known as anilliquid estate, where there’s plenty of value on paper but very little cash to hand.

This is a situation Provira’s Estate Advance is designed for. It gives executors access to up to 50% of the net value of the estate within days, so bills like Inheritance Tax and property costs can be paid without dipping into personal savings.

Start your application today.

How Provira can help

If you’re an executor waiting for probate or a property sale to complete, you don’t necessarily have to cover estate costs yourself in the meantime.

Provira’sEstate Advance gives executors access to up to 50% of the net value of the estate within days. There are no monthly repayments, no personal guarantees and no charges over your own home, and we only charge simple interest rather than compound interest.

The advance is repaid from the estate once funds are released, and you’ll have a dedicated member of our team to guide you through the process from start to finish.

If you think an Estate Advance could help, get in touch with Provira today.