Probate House Sale UK (2026): How to Sell a Property During Probate
Updated 13 May 2026 · 8 min read · England & Wales
Selling a property that is part of a deceased person’s estate is one of the most common tasks an executor faces — and one of the most consequential. The good news: you can start the process immediately. The catch: you cannot legally complete the sale until you have the Grant of Probate. Here is the full process, timeline, and what to watch for.
Can you list the property before probate is granted?
Yes. Estate agents can market the property and you can accept an offer before the Grant of Probate is issued. Buyers are advised that the sale is subject to probate — they cannot exchange contracts until the Grant is in hand, but they can carry out surveys, instruct solicitors, and prepare their own transaction in the meantime.
This approach is sensible: probate processing currently takes 8–16 weeks, and marketing concurrently means the total time from death to completion is minimised. A buyer who is comfortable with probate timing can often progress their purchase documents and be ready to exchange immediately once the Grant arrives.
The probate house sale process: step by step
| Stage | Who acts | Typical timing |
|---|---|---|
| Obtain probate valuation (RICS surveyor) | Executor | Within weeks of death |
| Apply for Grant of Probate (HMCTS) | Executor | As soon as possible |
| Instruct estate agent; market property | Executor | Concurrently with probate |
| Accept offer (subject to probate) | Executor | As market allows |
| Grant of Probate received | HMCTS | 8–16 weeks from application |
| Instruct conveyancer; exchange contracts | Executor + buyer | 4–8 weeks after Grant |
| Completion; proceeds to estate | Conveyancer | 2–4 weeks after exchange |
Getting the property valued for probate
Before applying for probate, the property must be valued at its open market value at the date of death. This probate valuation is used for:
- Calculating the estate’s value for IHT
- Establishing the base cost for CGT purposes (any gain after death is calculated from this figure)
- Completing the IHT form (IHT205 or IHT400)
HMRC has power to challenge undervalued probate property valuations and can open enquiries up to 4 years after the Grant. Use a qualified RICS surveyor for the formal probate valuation — estate agent estimates are not sufficient for HMRC purposes.
Executor’s power of sale
An executor has statutory authority to sell estate property under s39 Administration of Estates Act 1925 — without needing beneficiary consent. However, exercising this power comes with obligations:
- Obtain a proper market valuation — selling at undervalue exposes the executor to personal liability
- Act in the interests of the estate — not to favour one beneficiary over another
- Consult beneficiaries — not legally required but prudent; disputes can delay the sale and lead to TOLATA applications
- Not sell to themselves — self-dealing is a breach of fiduciary duty unless authorised by the will or all beneficiaries
Capital gains tax on a probate property sale
The estate gets a CGT “uplift” at death: the base cost for CGT purposes is the market value at the date of death (the probate value). CGT only arises on gains after that date.
- If the property sells at or close to the probate value, no CGT is due
- If the market has risen between date of death and sale, CGT may be due on the post-death increase
- The estate’s annual CGT exemption is £3,000 (2026/27)
- Gains above the exemption are taxed at 18% (basic rate) or 24% (higher rate) for residential property
- The main home CGT exemption (PPR) does not apply once the property is in the estate — it only applies during the deceased’s lifetime
Executors must report and pay any CGT within 60 days of completion. This is separate from and in addition to any IHT.
What if a beneficiary wants to keep the property?
If a beneficiary wants to take the property rather than have it sold, the executor can assent the property to them (transfer it using form AS1) instead of selling. The beneficiary takes the property at the probate value; if they later sell, they pay CGT on any gain from the probate value. Where the estate needs cash to pay debts or IHT, the beneficiary may need to raise a mortgage or pay the estate the value of the property to enable the executor to discharge obligations.
Frequently asked questions
Can you put a house on the market before probate is granted?
Yes — you can market the property and accept an offer before probate is granted, but you cannot legally complete the sale until the Grant of Probate (or Letters of Administration) is in hand. Estate agents routinely list probate properties before the Grant is issued. Buyers are made aware that the sale is subject to probate, and completion is delayed until the executor has the legal authority to sign the transfer. In practice this means the property can be on the market for 2–4 months while probate is processed, then a further 4–12 weeks for conveyancing after the Grant arrives.
Who has authority to sell a property during probate?
The executor named in the will (or the administrator appointed under Letters of Administration for an intestacy) has the power to sell the property. Under s39 Administration of Estates Act 1925, an executor has the power to sell estate property as part of their duties of administration, without needing the beneficiaries' consent — though in practice, executors usually consult beneficiaries. If property is held as tenants in common, the executor sells the deceased's share; if held as joint tenants, the property passes by survivorship and is not part of the estate to sell.
Do all beneficiaries have to agree to the sale?
Not legally — the executor has statutory authority to sell without the beneficiaries' consent. However, if a beneficiary has a right to occupy the property (for example, under a life interest trust or under the Trusts of Land and Appointment of Trustees Act 1996), the executor cannot simply sell over their head. In practice, disputes between executors and beneficiaries about whether to sell can be resolved by the court under TOLATA. Executors acting reasonably and in the estate's best interests are protected. Selling without consulting beneficiaries, or selling at an undervalue, can expose executors to personal liability.
Is capital gains tax due on a probate house sale?
CGT may be due if the property has increased in value between the date of death and the date of sale. The estate gets the benefit of the 'uplift' to market value at the date of death — so no CGT arises on gains that accrued before death. CGT only applies to gains after death. In practice: (1) if the property sells quickly at or near the probate value, no CGT is due; (2) if the market rises significantly between grant of probate and sale, CGT may be due on that increase. The estate's annual CGT exemption is £3,000 (2026/27). Executors must report and pay any CGT due. The main residence CGT exemption (PPR) does not apply to sales by executors after death.
How long does a probate property sale take?
The total timeline varies significantly. Rough guide: apply for probate (immediately after death, can be done online) — wait 8–16 weeks for Grant. Market the property concurrently — accepting an offer takes weeks to months depending on the market. Once the Grant is in hand, conveyancing: exchange typically 4–8 weeks, completion 2–4 weeks after exchange. Total from death to completion: commonly 6–12 months for a straightforward sale. Complications — disputed will, IHT queries, property in disrepair, leasehold issues, or a delayed Grant — can extend this significantly.
What happens to the sale proceeds?
Proceeds from a probate property sale pass into the estate and are administered as part of the overall estate distribution. The executor uses the proceeds to: (1) pay any outstanding mortgage (secured creditors first); (2) pay other debts, funeral expenses, and administration costs; (3) pay any IHT due to HMRC; (4) pay specific cash legacies; (5) distribute the residue to the residuary beneficiaries. Proceeds cannot be paid directly to beneficiaries without completing the full estate administration — beneficiaries cannot demand an early distribution of the sale proceeds before debts are settled.
Make your executor’s job easier
A clear will specifying who gets the property — or authorising the executor to sell — makes the probate process far simpler. WillSafe’s Executor Guide walks through every step of estate administration.
Get the will kit & executor guide →Related guides
- Grant of Probate — what it is and how to get one
- Probate Registry — where to apply
- Executor duties checklist
- Inheritance tax on property
- Tenants in common — what happens on death