Selling a Probate Property: A Complete Guide for Executors

An estate property can raise questions about authority to sell, capital gains tax and insurance while it is empty. This guide explains the checks to make before marketing, exchange and completion.

The house is empty now. The heating is on a timer, the post is piling up, and you are fielding calls from estate agents who want to value it. Meanwhile, a solicitor has told you that you cannot actually sell it yet — not until probate is granted. The buyer you found last week is asking how long that will take. You do not know.

The grant, the registered title, the will or intestacy position and the property's condition all affect what can happen next. Confirm those points before making commitments to buyers or beneficiaries.

Can you sell the property before probate is granted?

In most cases, no — you cannot complete a sale before the grant of probate (or letters of administration) has been issued. An executor's authority comes from the will, while an administrator's authority arises with the grant; in either case, the sealed grant is needed to prove authority and transfer legal title to a buyer.

Where there is a surviving registered proprietor, the legal title passes to that survivor even if the beneficial ownership was as tenants in common. HM Land Registry's process uses evidence such as the death certificate and Form DJP, but a Form A restriction or trust may mean a second trustee or other steps are needed for a sale. The personal representatives cannot convey a share in the legal title; the deceased's beneficial interest must still be dealt with as part of the estate.

For a sole registered owner, a grant is normally needed before the personal representatives can transfer the legal title. Ask the conveyancer to check the register and any declaration of trust; the register alone may not settle the beneficial ownership.

Marketing the property before the grant

GOV.UK cautions that you should not make financial plans or put property on the market until you have the grant — a delayed or refused application can derail a sale that is already underway. The practical position then depends on your role. An executor named in a valid will derives authority from the will and may value the property, instruct an estate agent and accept an offer subject to contract and probate before the grant is issued. An administrator's authority arises only with letters of administration, so pre-grant steps should be limited to preservation, valuation, advice and preparations unless a specialist confirms otherwise.

Whichever role you hold, completion and transfer normally require the estate's authority to be proved. A specialist conveyancer may structure a pre-grant contract with an express probate condition, longstop and provisions for delay, but the parties should understand that the grant may hold up or prevent completion.

The sale process for a probate property

Once you have the grant of probate, the sale process is similar to any other house sale — but with a few differences:

You sell in your role as personal representative. The grant of probate names you as the executor with authority to sell. Your solicitor will need a certified copy of the grant to proceed.

Save Land Registry correspondence. Since 23 August 2026, HM Land Registry application emails use a secure document link instead of a PDF attachment. Links remain available for 200 days; download the documents and retain the application reference. The sender is hm.land.registry@notifications.service.gov.uk, but a displayed sender alone does not prove authenticity. Check unexpected messages through HM Land Registry's official correspondence guidance. The email change does not alter the property-transfer process; portal PDFs and Business Gateway software correspondence are unchanged.

HM Land Registry will need the right evidence. If the property is sold, transferred, or assented to beneficiaries, the conveyancer deals with the register as part of the transaction. GOV.UK and HM Land Registry guidance point executors towards the relevant death, grant, transfer, and assent evidence rather than assuming the register updates itself.

You may need an Energy Performance Certificate (EPC). If the property does not have a valid EPC, you will usually need to commission one before marketing. Ask the estate agent or conveyancer what evidence already exists before paying for a new certificate.

Give accurate information. Personal representatives may know less about the property than an owner-occupier, but that does not remove disclosure duties. Answer enquiries honestly, avoid guesses and let the conveyancer advise what must be disclosed.

Completion depends on the estate and transaction. Grant, title, tax, buyer and conveyancing issues can affect the timetable. Do not promise a completion date until the conveyancer confirms the dependencies.

Capital gains tax on a probate property

Inheritance tax and capital gains tax (CGT) are two separate taxes, and both may apply to a probate property sale.

For CGT purposes, the "base cost" is normally the date-of-death value. A gain or loss then depends on the disposal value, allowable costs and any connected-party market-value rule; an arm's-length sale at the same or a lower price will not normally create a gain.

For 2026–27, the personal representatives' annual exempt amount is £3,000, available for the tax year of death and the next two tax years. Personal representatives generally pay CGT at 24% on chargeable gains after allowable costs, losses, reliefs and any available exemption.

Allowable selling and improvement costs may reduce the gain. HMRC’s HS283 gives a specific personal-representative relief where the property was a legatee’s only or main residence immediately before and after the death and one or more qualifying legatees are entitled to at least 75% of the sale proceeds, assuming the proceeds are not needed for estate liabilities. It does not depend simply on the property having been the deceased's main home; check every condition before claiming.

Empty property insurance during probate

Home insurance terms can change when a property becomes unoccupied. Ask the insurer when restrictions start, what inspections or security measures apply and whether specialist cover is needed.

As executor, you have a duty to protect the estate's assets. If the property is damaged while uninsured and you have failed to arrange appropriate cover, you could be personally liable for the loss.

Specialist probate property insurance, also called unoccupied property insurance, is available through insurers and brokers. Prices vary by property, postcode, condition, security, cover level, vacancy length, and inspection rules. Necessary and reasonable cover costs may be paid or reimbursed from estate funds where the personal representatives have authority; retain the policy, invoice and payment evidence.

Utilities and security

While the property is empty, you need to manage it practically as well as legally. Some things to consider:

Utilities. Notify providers of the death. Follow the insurer's vacancy conditions and take qualified advice on heating, isolation or draining down; the safe choice depends on the property, season and policy.

Heating. In winter, follow the insurer's and a suitably qualified contractor's instructions on heating, isolation or draining down; the right measure depends on the property and policy.

Security. Change the locks if you are not sure who has keys. Consider a timer for lights to make the property look occupied. Some insurers require specific security measures for unoccupied properties — check your policy.

Post. Redirect the post to your address or arrange for someone to collect it regularly. Piles of post are a signal that a property is empty.

Selling below market value

As executor, you have a duty to get the best price reasonably obtainable for the estate's assets. Selling a property significantly below market value — for example, to a family member at a discount — could expose you to claims from other beneficiaries that you have breached your duties.

If you want to sell to a family member, obtain independent current valuation evidence and ask the conveyancer and tax adviser about connected-party market-value rules. Consider a formal valuation where the value or beneficiary interests make it appropriate.

Transferring the property to a beneficiary instead of selling

If the will or intestacy position identifies a beneficiary, an assent may be possible only after the personal representatives have dealt with debts, tax, expenses and other estate liabilities and confirmed that a sale is not required. This is done through a legal document called an "Assent," which transfers the property from the estate to the beneficiary and is registered at the Land Registry.

The beneficiary takes the property at the probate value as their base cost for future CGT purposes. If they later sell it, CGT will be calculated on the gain above that probate value.

If there are multiple beneficiaries who are inheriting the property jointly, they will need to decide whether to sell or hold it — and if they hold it, they will need to register their ownership at the Land Registry and decide whether to hold it as joint tenants or tenants in common.

Worked example: from death to completion

The stages below show dependencies rather than promised timings. The grant, tax work, title, buyer and conveyancing can each affect the sequence.

A major variable in this timeline is the probate application itself. GOV.UK says probate is usually issued within 12 weeks after submission, but applications with IHT, missing documents, caveats, queries, or complex property issues can take longer. Where your role allows, beginning the sale preparations early can reduce avoidable delay, although a buyer may still have to wait for the grant.

Choosing how to sell: estate agent, auction, or specialist buyer

There is no single right answer to how you sell a probate property. The best route depends on the condition of the property, how quickly you need to complete, and whether the beneficiaries are in agreement. Here is an honest comparison of the three main options.

Auction terms determine when a bid becomes binding, the deposit and the completion timetable. Obtain current valuation evidence, understand the reserve and fees, and have the legal pack reviewed before committing the estate.

For any direct or specialist-buyer offer, compare the price and full terms with current independent valuation evidence. Check funding, fees, withdrawal rights and possible price reductions, and do not sign under pressure.

Common questions