Property and the estate
Can you sell a house before probate is granted?
Written and reviewed by our experienced team. Checked against GOV.UK and the sources listed at the end on 15 September 2026. ProbateCheck is an independent service, not a law firm.
You can put a house on the market before probate, but you cannot complete the sale until the grant of probate (or letters of administration) is issued: HM Land Registry will not register a transfer by personal representatives without it, and a buyer's solicitor will not exchange without seeing it. GOV.UK's own advice is not to put the property on the market until you have probate. Checked 15 September 2026.
Three different things get bundled into "selling": marketing, exchanging contracts and completing. Only the first can happen before the grant, and even that comes with a health warning from GOV.UK. Checked against the sources listed at the foot of this page on 15 September 2026.
| Stage | Before the grant? | Why |
|---|---|---|
| Instruct an agent, list the property, take offers | Yes, in practice | Nothing stops marketing, and agents will list a property "subject to probate". GOV.UK's guidance, though, is: "You should not make any financial plans or put property on the market until you've got probate." |
| Exchange contracts | Not realistically | Executors' powers come from the will, not the grant (Law Society), so an executor can technically sign, but buyers' solicitors insist on the grant. Administrators (no will) have no authority at all until letters of administration are issued. |
| Complete and transfer the title | No | HM Land Registry requires a certified or office copy of the grant (or a conveyancer's certificate that they hold it) to register any transfer or assent by personal representatives, and "will not accept a disposition by an administrator that pre-dates the letters of administration". |
| Sell a jointly owned home that passes to the surviving owner | Probate is not needed for that share | Property owned as joint tenants passes automatically to the surviving owner (GOV.UK). The survivor sells as owner; the death is noted on the register with form DJP and the death certificate. |
Why marketing early is tempting, and why GOV.UK says wait
The case for listing early is chain timing: probate can take weeks or months (see how long probate takes), and a buyer found now may be ready when the grant lands. The case against, and it is GOV.UK's position, is that you cannot commit to dates, a sale agreed on an estimated value can undermine the date-of-death valuation you give HMRC, and if the will is challenged or another will turns up the executors may change. If you do market early, tell the agent the sale is subject to probate and do not agree an exchange date.
The order things happen in
| Stage | What has to happen | Rule or source |
|---|---|---|
| 1. Value the estate | Open market value of the house at the date of death, plus everything else owned. GOV.UK says this can take several months. | gov.uk/valuing-estate-of-someone-who-died |
| 2. Inheritance Tax, if any | Where tax is due, form IHT400 must be sent within a year and you normally start paying before probate is granted; interest runs from the end of the sixth month after death. If the money is tied up in the house, this is the crunch point to plan for. | GOV.UK valuing and applying guides |
| 3. Apply for the grant | £526 court fee (£0 at or under £5,000), extra copies £2 each with the application. Order a copy for the conveyancer. | gov.uk/applying-for-probate/fees |
| 4. Grant issued | The record is online about 14 days later; the will becomes public. Buyers' solicitors can now see who has authority. | gov.uk/search-will-probate |
| 5. Exchange and complete | HM Land Registry registers the transfer on production of a certified or office copy of the grant. | HM Land Registry practice guide 6 |
| 6. Distribute the proceeds | Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be made within six months of the grant, which is one reason executors are often advised not to pay out before then. | 1975 Act, section 4 |
What you can do this week, before the grant
- Find the original will and check who the executors are; if there is no will, work out who is entitled to apply for letters of administration.
- Check how the house was owned. If it was held as joint tenants with someone still living, it passes to them automatically and probate is not needed for it.
- Tell the insurer the property is empty and arrange unoccupied cover before the 30- or 60-day limit in the policy runs out.
- Tell the council the owner has died and the property is unoccupied, so the Class F exemption is applied.
- Get two or three written valuations as at the date of death, or instruct a RICS valuer if Inheritance Tax may be due (see house valuation for probate).
- Clear only what is perishable or at risk for now, and inventory the rest (see probate house clearance).
- If you decide to market early despite GOV.UK's advice, brief the agent that the sale is subject to probate and do not agree an exchange date.
Council tax on the empty house: the Class F exemption
A dwelling that has been unoccupied since the owner's death is exempt from council tax under Class F of the Council Tax (Exempt Dwellings) Order 1992, as long as the only person liable is the executor or administrator (or nobody is). The exemption runs from the death, through the wait for the grant, and for up to six months after the grant of probate or letters of administration is made. After that the estate normally becomes liable, so tell the council the property is empty and who the personal representatives are.
Insurance on an empty house
Standard home insurance restricts cover once a home has been empty for a long period, "often 30 or 60 days" according to the Association of British Insurers; LV= and Direct Line both put their standard limit at 60 consecutive days and Admiral's standard limit is 60 days. Personal representatives are legally responsible for the estate's assets from the date of death (GOV.UK), so contact the insurer, tell them the owner has died and the property is empty, and arrange unoccupied-property cover if the sale will take longer than the policy allows.
Valuation, price and tax
The figure you give on the probate application is the open market value at the date of death, not the eventual sale price (see house valuation for probate). If the house later sells for more than that value, the estate may owe Capital Gains Tax on the gain; GOV.UK lists paying Capital Gains Tax on profits from selling property among the personal representatives' responsibilities. HMRC also expects you to revisit a valuation if marketing produces evidence that it was wrong before you sign the Inheritance Tax account.
Scotland and Northern Ireland have different processes (confirmation in Scotland; the Probate Office in Northern Ireland), and GOV.UK's probate guidance and this page cover England and Wales only.
Not sure whether a grant has been issued yet?
If you are a buyer, a beneficiary or a relative and want to know whether probate has been granted for a property owner, the grant is a public record about 14 days after it is issued. Check the probate records for free, or lodge a £4 standing search if the death was recent.
Frequently asked questions
Can I put a house on the market before probate?+
In practice yes, and agents will list it as subject to probate, but GOV.UK's guidance is not to put property on the market until you have got probate. You cannot exchange or complete until the grant is issued, so any buyer has to be willing to wait.
Can I accept an offer before probate is granted?+
You can agree a price, but it is not binding until contracts are exchanged, and exchange realistically waits for the grant. Make sure the buyer knows the timetable depends on the probate registry.
Can I exchange contracts before probate?+
An executor's authority technically comes from the will rather than the grant, but a buyer's solicitor will want to see the grant before exchange and HM Land Registry needs it to register the transfer. If there is no will, an administrator has no authority until letters of administration are issued, and the Land Registry will not accept a disposition dated before them.
Who pays council tax on a house after the owner dies?+
Nobody, at first. A property left unoccupied since the owner's death is exempt under Class F while the executor or administrator is the only person liable, and for up to six months after the grant is issued. After that the estate is normally liable until the house is sold or occupied.
Do I need to tell the home insurer the house is empty?+
Yes. Standard policies restrict cover once a home is empty for a set period, often 30 or 60 days according to the Association of British Insurers, and several major insurers set 60 days. Tell the insurer the owner has died and ask for unoccupied-property cover if the sale will take longer.
Can I sell the house if there is no will?+
Only once letters of administration have been issued. Administrators have no authority before the grant, and HM Land Registry will not accept a disposition by an administrator that pre-dates the letters of administration.
What if the house was jointly owned?+
If it was held as joint tenants it passes automatically to the surviving owner and probate is not needed for that property. The survivor tells HM Land Registry about the death (form DJP with the death certificate) and can then sell as owner. If it was held as tenants in common, the deceased's share is part of the estate and the grant is needed to deal with it.
How long after probate can the house be sold?+
Once the grant is issued the personal representatives can exchange and complete as soon as the conveyancing allows. The grant becomes a public record about 14 days after issue, and buyers or solicitors can obtain a copy for £16.
Sources checked for this guide
- GOV.UK: Applying for probate ("You should not make any financial plans or put property on the market until you've got probate"; joint tenants pass automatically) (read 15 September 2026)
- HM Land Registry practice guide 6: devolution on the death of a registered proprietor (grant required to register a transfer or assent; no disposition by an administrator pre-dating the letters) (read 15 September 2026)
- Law Society practice advice: when is an executor entitled to the original will (executor's powers arise from the will, not the grant) (read 15 September 2026)
- Council Tax (Exempt Dwellings) Order 1992, article 3, Class F (as substituted from 1 April 1994) (read 15 September 2026)
- Association of British Insurers: home insurance ("restricted cover when your home is empty for a long period, often 30 or 60 days") (read 15 September 2026)
- LV=: home insurance for unoccupied property (60 days) (read 15 September 2026)
- Direct Line: going away and security (60 consecutive days) (read 15 September 2026)
- Admiral: insuring an unoccupied house (standard limit 60 days) (read 15 September 2026)
- GOV.UK: Dealing with the estate of someone who's died (personal representatives responsible for assets from the date of death; Capital Gains Tax on property sales) (read 15 September 2026)
- HMRC Inheritance Tax Manual IHTM36275: valuations of land (revisit a valuation when marketing evidence casts doubt on it) (read 15 September 2026)
- GOV.UK: Search probate records (record online about 14 days after the grant; copies £16; standing search £4) (read 15 September 2026)
- GOV.UK: Valuing the estate (several months; IHT400 within a year; pay Inheritance Tax by the end of the sixth month to avoid interest; normally start paying before probate is granted) (read 15 September 2026)
- GOV.UK: Applying for probate, fees (£526; £2 copies with the application) (read 15 September 2026)
- Inheritance (Provision for Family and Dependants) Act 1975, section 4 (six months from the grant, except with the court's permission) (read 15 September 2026)