Can I sell a property before probate is granted?
No, you cannot legally sell a property in the UK before probate has been granted.
This is because the legal right to deal with the deceased’s estate, including transferring or selling property, only begins once probate is issued. Until then, the executors named in the will or the administrators (if there is no will) do not have the authority to complete a sale.
This legal framework exists to protect the estate and ensure that the correct process is followed when distributing assets. The average time to receive a grant of probate is within 12 weeks, though more complex estates or delays at the Probate Registry can significantly extend this timeframe.
Can a property be put on the market before probate?
Yes, whilst you cannot complete the sale, you can market the property and even accept an offer before probate is granted. Many estate agents are familiar with probate sales and will begin the process knowing it can take several weeks to reach completion.
Viewings, valuations and negotiations can all take place during this waiting period, which can help reduce the overall time to sell once probate comes through. However, buyers must be made aware that the transaction cannot legally complete until the grant of probate is in hand.
Only the executors named in the will (or administrators if there is no will) have the legal authority to sell property after the grant of probate is issued. If there is a will, the executor applies for a Grant of Probate.
If there is no will, a close relative typically applies for Letters of Administration. Until one of these is granted by the Probate Registry, no one has the power to transfer ownership or legally sell any property from the estate.
What delays the sale of a probate property?
Several factors can cause delays, making it take up to 12 months or longer. Missing documents, disagreements among beneficiaries or incomplete inheritance tax forms can all hold up the grant of probate.
In some cases, the property title may need to be updated if it was held solely in the deceased’s name. If the will is contested, the estate can be frozen for months or even years while the dispute is resolved. It has been found that contested probate cases have increased by over 34% in the past five years, adding to delays in estate administration.
What happens to a property whilst waiting for probate?
While waiting for probate, the property must be maintained. This includes securing the home, keeping up with insurance requirements and ensuring it remains in a good condition for eventual sale.
Specialist probate property insurance may be needed, as standard homeowner policies can become void after death. Utilities should be managed and council tax exemptions or reductions may apply during the probate period, depending on the local authority.
Can buyers withdraw if probate takes too long?
Yes and this is a risk worth considering. If a buyer grows frustrated with the wait for probate, they can walk away from the sale, especially if they are in a chain or under pressure to move quickly. Transparency with buyers and estate agents from the beginning can help manage expectations.
Some sellers choose to delay accepting offers until probate is granted to avoid complications. Others price the property slightly lower to account for the longer process and attract serious buyers who are willing to wait.
Does the mortgage still need to be paid during probate?
Yes, if the deceased had an outstanding mortgage, the lender still expects payments to be made during probate. The executor should inform the mortgage company of the death and agree on a temporary arrangement.
If payments are not made, the property may be at risk of repossession though lenders are often understanding in probate cases. If there is life insurance in place, it may cover the remaining balance, but this varies by policy.
Are there tax implications when selling a probate property?
Yes, tax must be considered. Inheritance tax may be due on the estate, including the property, before probate is granted.
If the property increases in value between the date of death and the date of sale, capital gains tax could also apply, particularly if the beneficiaries are selling rather than living in the property. A qualified probate solicitor or accountant can help you calculate these amounts and make sure HMRC reporting is accurate and timely.
Can probate be fast-tracked to allow a quicker sale?
In some urgent cases, such as where a property sale is at risk of falling through, it may be possible to request an expedited probate process, though success is not guaranteed.
You will need to provide valid reasons and supporting evidence, such as a memorandum of sale and exchange deadline. However, the Probate Registry has limited capacity for prioritising cases and most applications proceed in order of receipt.
What is the best way to prepare for a probate sale?
Being organised is key. Gather all documents early such as the death certificate, the will, property title deeds, mortgage statements, utility bills and evidence of ownership. If you intend to sell, get a valuation and begin discussions with an estate agent familiar with probate properties.
Apply for probate as soon as possible and be upfront with potential buyers about the timeline. Keeping communication clear and expectations realistic can help prevent unnecessary delays and reduce stress for everyone involved.
