Can You Sell a House Before Probate Is Granted?
In brief
An executor can market a house, accept an offer and instruct solicitors before probate is granted, but cannot complete the sale until the grant is issued, because the Land Registry will not transfer title without it. The exception is property that passes by survivorship to a joint owner. Selling soon after death also affects the probate value and the tax position, so the order of events matters.
The Short Answer
You can put a house on the market before probate, and most estate agents will list it once they have seen the death certificate and confirmation of who the executors are. You can accept an offer and instruct a conveyancing solicitor. What you cannot do is complete the sale, because completion requires the executors to sign a transfer as the legal owners, and they do not become the legal owners until the grant of probate (or letters of administration) is issued.
Exchange of contracts is usually delayed until the grant is in hand as well. A buyer's solicitor will not normally allow their client to be bound to a purchase the seller may not be able to complete on time, and a contract conditional on the grant is possible but unusual.
The practical effect is that the sale runs in parallel with the probate application, and the grant is the gate the completion date sits behind.
When No Grant Is Needed to Sell
Where the deceased owned the property as a joint tenant with someone still living, the property passes to the survivor automatically by survivorship and is not part of the estate that needs the grant. The survivor registers the death at the Land Registry with a copy of the death certificate and can then sell as sole owner. Spouses and civil partners very commonly hold their home this way.
Where the property was held as tenants in common, the deceased's share passes under the will or intestacy and the grant is needed to deal with it, even though the co-owner's share is unaffected. The title register will say which applies; a restriction in Form A on the register indicates a tenancy in common.
Property already held in a trust, or owned by a company, is dealt with by the trustees or the company and again does not need the grant.
Why the Order of Events Matters for the Valuation
The estate must be valued at the date of death before the probate application is made, and that value is what HMRC uses for Inheritance Tax. If the house is then sold shortly afterwards for a materially different price, two things follow. Where the estate is reported on form IHT400, the schedule IHT405 asks whether a sale within twelve months is intended, and HMRC may treat an arm's-length sale price as better evidence of value than the estimate. Where the sale price is higher, additional tax can be charged; where it is lower and within four years, the executors can claim loss on sale relief.
For Capital Gains Tax the probate value becomes the estate's base cost. A sale at a higher price during the administration is a gain in the executors' hands, taxed at the residential property rate after the estate's annual exempt amount and selling costs. That is why executors are sometimes advised to obtain a robust date-of-death valuation rather than a conservative one: a low probate value saves little Inheritance Tax in a non-taxable estate and creates a Capital Gains Tax bill on sale.
Selling for more or less than the probate value: the full position
Should the Executors Sell, or the Beneficiaries?
Where a gain on sale is expected, it can be better for the executors to appropriate the property to the beneficiaries before the sale so that each beneficiary uses their own Capital Gains Tax annual exempt amount and, if they occupy it, potentially private residence relief. The executors still sell on the beneficiaries' behalf, but the gain is theirs. This is a decision for a solicitor or accountant, taken before contracts are exchanged, and the paperwork (a simple memorandum of appropriation) must be done first.
The alternative is a sale by the executors within the administration, which is simpler and often adequate where the gain is small.
Looking After the House in the Meantime
The gap between death and completion is commonly six months to a year, and the house is empty for most of it. Three things need attention.
- Insurance: the deceased's policy will usually lapse or restrict cover for an unoccupied property within 30 to 60 days. Tell the insurer, and arrange unoccupied property cover if needed.
- Council tax: in England and Wales an empty property is exempt from council tax from the date of death until the grant, and for up to six months after it (exemption class F). Apply to the council.
- Security and condition: turn off the water if the house will be empty in winter, keep the garden tidy, and visit regularly. Empty houses lose value faster than occupied ones.
What About the Contents and the Car?
Chattels are different from land. There is no register of title for furniture, jewellery or a car, so executors can sell them before the grant provided they are entitled to act, keep the proceeds for the estate, and document the price. An auction house will accept instructions from an executor with the death certificate and the will. The same valuation logic applies: value or at least inventory the contents before anything leaves the house.
Ready to arrange one? Learn more about our house valuations for probate.
Frequently Asked Questions
01How long after death can a house be put on the market?
Immediately, in principle. Executors named in a will have authority from the date of death and can instruct an agent once they have the death certificate. Where there is no will, the administrators have no authority until letters of administration are granted, though agents will often list on the basis of the pending application.
02Can a buyer exchange contracts before the grant of probate?
It is possible with a contract conditional on the grant, but most buyers' solicitors advise against it because the seller cannot guarantee a completion date. In practice exchange usually waits for the grant.
03Does selling the house before probate avoid Inheritance Tax?
No. Inheritance Tax is charged on the value at the date of death regardless of what happens to the property afterwards. A sale price may be used as evidence of that value, in either direction.
04Do I need a probate valuation if the house is being sold anyway?
Yes. The probate application and any Inheritance Tax account need a date-of-death value before the sale completes, and the sale price only becomes known later. The valuation also sets the base cost for Capital Gains Tax on the sale.