When someone dies owning property in their own name, the people dealing with their estate usually need legal authority before they can sell it. In England and Wales that authority is a grant of representation — most often called “probate”. This guide explains how probate affects a sale and what you can do while you wait.
What probate is
If there’s a will, the executors named in it apply for a grant of probate. If there isn’t, the person entitled to deal with the estate — usually the closest relative — applies for letters of administration. Both do the same job: they confirm who has the authority to deal with the person’s money and property. Most people can apply online through gov.uk, or ask a solicitor to do it.
Before applying, the executors need to value the estate and work out whether Inheritance Tax is due. If it is, some or all of it will normally need to be paid before the grant is issued.
What you can do before the grant
Quite a lot. While you wait, executors can usually:
- Get the property valued — by estate agents, a surveyor, or by asking for offers.
- Put the property on the market and accept an offer.
- Instruct a solicitor, gather the title deeds and complete the property information forms.
- Let the buyer’s solicitor start their searches and enquiries.
What has to wait
Exchange of contracts and completion generally can’t happen until the grant has been issued, because until then nobody can prove they have the right to sell. That’s why it’s important that anyone buying understands where you are in the process. A buyer with a mortgage offer that’s due to expire, or who is part of a chain with fixed dates, may struggle if probate takes longer than expected.
How long does probate take?
It varies. Simple applications can be processed in a matter of weeks, but it can take several months — longer if the application is missing information, the estate is complicated, Inheritance Tax needs to be settled first, or someone raises an objection. The current processing times are published on gov.uk, and it’s worth checking them before promising any dates.
Looking after the property while you wait
An empty property still needs insuring, securing and checking. Tell the insurer that the owner has died, as cover may be restricted once the house has been empty for a while. Tell the council too: properties left empty after a death are often exempt from council tax until probate is granted and for a period afterwards, but the rules are specific. Our guide to selling a vacant property covers the practical side in more detail.
Executors’ responsibilities
Executors act on behalf of everyone who benefits from the estate. That means getting a fair price, keeping beneficiaries informed, and keeping records of the decisions made. Where there’s more than one executor, they usually all need to agree to the sale and sign the paperwork.
- Get more than one valuation, so you can show the price was reasonable.
- Keep beneficiaries updated on offers and decisions.
- Keep receipts for any costs paid out of the estate, such as insurance or clearance.
- Take advice if beneficiaries disagree about whether or how to sell.
Choosing how to sell
For many estates, an estate agent sale is the natural choice. Where the property needs significant work, the executors live far away, or beneficiaries want a settled figure and a clear timescale, some executors prefer a direct sale or an auction. A direct sale will generally mean a lower price than the open market, so it’s worth comparing the figures carefully — our guide on direct sale vs estate agent sets out the differences.
Where to get help
Gov.uk has step-by-step guidance on applying for probate and valuing an estate. If the estate is complex, there’s no will, or family members disagree, speak to a solicitor who specialises in probate. You’re also welcome to talk to us about planning a sale around the probate timetable — without any obligation.