Can You A Sell House Before Probate is Completed?

If you are selling a house that is going through probate, you might be wondering whether you can sell before probate is completed. The probate process can be complicated, often taking months or even longer to complete, so you will need to know what the process is, so that you can avoid further delays.

Despite house price growth not being as strong as it has been in previous years, house prices are expected to continue to grow by an estimated 2-4% over the next six months. Therefore, if you are looking to sell a probate property in Dollis Hill where the average house price over 12 months is £550,000 or Cricklewood (£750,000), waiting a bit longer to the sell the property could actually be beneficial.

To help prepare for a probate sale, we’ve listed the steps to follow in the sections below.

What Is Probate When Selling A House?

Probate provides the legal right for handling a person’s estate when they have died. The executor of the will organises the distribution of the estate in accordance with what is written in the will or if there are no instructions, the executor decides how to distribute the assets.

Before you can sell a property, you will need the legal power to transfer ownership over to a buyer. Probate is a legal document that confirms that the executor or administrator of the will has the legal right to sell the property.

Can You Sell A House Before Probate?

In most cases, it is not possible to sell a house before a Grant of Probate is obtained. In order to deal with the Land Registry and banks, you will need the probate document as proof that you have the legal right to deal with the estate.

The exception to this is when a property is owned as joint tenants, as the surviving tenant has the right to sell the property. Another exception is where the property is held in a trust and the trustees are able to sell the property without probate.

Steps To Follow To Sell A House With Probate

To help navigate the complexities of selling a house with probate, these are the steps to follow:

1. Locate the will (if there is one)

When a person dies, the first step in dealing with the estate is to locate the will. This could be in the person’s home or could be with their solicitor. If you cannot locate the will, you can search probate records on the gov.uk website to see if a will has been left.

In the case where a will was not made, the estate distribution will follow the rules of intestacy. The next of kin will be decided based on the relationship, where spouses and civil partners will usually be regarded as the next of kin. If there is no living spouse or partner, the next of kin will be their children or if there are no children, the parents, siblings, nieces and nephews or other relatives will be identified as next of kin.

2. Value the estate

The value of the estate should be calculated as soon as possible after the person’s death to ensure the inheritance tax is correctly calculated. In regard to valuing a property for probate, an estate agent will be able to provide a professional valuation of the property. Valuing the estate may also include other valuable assets and there may also be debts that will need to be cleared. You should also consider the broader cost of selling a house, which applies beyond the confines of a probate property sale.

3. Apply for a grant of probate

Once the estate has been valued, the executor or administrator can apply for probate. This can be completed online through the government website or by post using the relevant form (PA1P if there’s a will, PA1A if there is no will). If there is no will, a Grant of Letters of Administration will be issued.

4. Pay inheritance tax (if applicable)

Depending on the value of the estate and any tax-free allowance, there may be inheritance to pay. For the 2025/26 tax year, everyone has a tax-free allowance of £325,000. Any amount above that will usually be charged at 40% but if the property is left to a ‘direct descendant’ such as children or grandchildren, the tax-free allowance rises to £500,000.

Before you are granted probate, you will be required to start paying the inheritance tax. In some cases, HMRC may agree to receive instalments until the property is sold.

5. Receive the grant of probate

Once the arrangement has been made with HMRC to pay the inheritance tax, the probate application will be processed. How long this takes will depend on the complexity of the estate but will typically take around 1-3 months to receive the grant of probate.

6. Select a conveyancer and estate agent

The next step is to choose an estate agent and conveyancer to manage the sale of the property. It is usually better to choose an estate agent based locally to the property, so that they can conduct viewings and they will also have a good knowledge of the local housing market to help achieve the maximum price. Your estate agent will usually be able to recommend a conveyancer or you can choose your own.

7. Prepare the property for sale

If the property still has lots of belongings in it, you will need to clear the property so that it is ready for sale. You will want the property to be in the best possible condition to attract buyers, so arranging for a deep clean, tidying up the garden and completing minor repairs may be necessary.

8. Accept an offer

Once the house is on the market, your estate agent will usually arrange the viewings and will inform you of any offers received. When you receive an offer that you are happy to accept, inform the estate agent and they will contact the buyers to arrange the next stages.

The buyers will usually organise a home survey, so you will have to wait for the survey results to come back before moving to the next stage.

9. Exchange contracts and complete the sale

Following the surveys, the buyers’ solicitors will work with your solicitors to agree on a date for the exchange of contracts. Up until the contract exchange, there is still a chance that the sale might not go through but once the contracts are exchanged, the sale is legally binding.

Your solicitors will then agree on a moving in/completion date for the buyers, when they will receive the keys and the financial transactions will be completed.

Key Questions For Your Probate Property Sale

Do I need an official house valuation for probate?

Yes, HMRC require an official house valuation to ensure that the correct inheritance tax is applied.

Can you market a property for sale before probate is given?

Yes, you can put a property on the market prior to the probate being given but house sales can move quickly, so you should advise potential buyers that there could be a delay while waiting to obtain a grant of probate.

Is it better to sell or rent an inherited house?

This depends entirely on your personal circumstances. Renting an inherited house can provide a good second income but comes with responsibilities. You will have to decide whether you prefer the long-term rent payments or to receive a lump sum through a sale. Some people choose to rent inherited property out for a short-term period while they decide what they should do.

Can you empty a house before probate?

No, you should not empty a house before probate as you won’t have the legal right to handle the contents until probate is granted.

How long does probate take when buying a house?

Probate typically takes between 1-3 months but can be longer for more complicated estates.

Understand the probate process for selling a house?

Selling a house with probate can be a difficult situation, especially when grieving a loved one. Choosing the right professionals including solicitors for legal advice and estate agents can help make the process easier with their guidance.

As a well-established north London estate agent, we are experienced in selling probate properties in areas including Willesden Green, Kilburn and Queens Park. Whether you require a property valuation or the steps for buying and selling a house, sell a house quickly, or what to do if your sale falls through – we’re here to help so please get in touch.