“How long will selling my probate property take?”
“Can I sell the house before probate is granted?”
“What about the inheritance tax?”
These are the exact questions I faced when helping families sell their first probate properties. After handling hundreds of probate sales across the UK, I’ve learned that while the process can seem overwhelming, it doesn’t have to be complicated.
In this guide, I’ll walk you through everything you need to know about selling a property in probate, based on real experience helping families navigate this challenging time.
Key Takeaways: Selling a House After Someone Passes Away
When someone leaves you a house in their will, here’s what you need to know:
- You’ll need a special legal paper called ‘probate’ before you can sell the house. This shows you have the right to deal with the property. While it usually takes about 3 months to get this paper, you can start showing the house to buyers during this time.
- Even though you can put the house up for sale straight away, you can’t complete the sale until you have probate in hand. If you think the house will sell quickly, it might be better to wait until you have this paper before listing it.
- Keep in mind that inheritance tax needs to be paid within 6 months, whether you’ve sold the house or not. This can be a bit tricky to manage if the house takes longer to sell.
- You don’t have to sell right away though – you can put the house in your name and live in it, rent it out, or sell it later if you prefer (but you’ll still need to pay inheritance tax after 6 months).
You can find the concise 10 steps to sell a probate property later in this article.
Understanding Probate Property Sales
Probate is the legal right to deal with someone’s property, money, and possessions after they die. Before you can sell a property in probate, you need to understand a few key things:
Do you have to sell a house after someone dies?
No, you don’t have to sell a house after someone dies. Here are your main options:
- If you inherit the property, you can transfer it into your name and live in it
- You’ll need to pay any inheritance tax due within 6 months regardless
- You’ll become responsible for all bills and maintenance
- You can keep the property and become a landlord
- The rental income could help pay any inheritance tax or bills
- You’ll need proper landlord insurance and to follow rental regulations
- You might need to update the mortgage to a buy-to-let if there’s one
- While possible, this isn’t usually recommended
- You’ll still have costs like council tax (after 6 months), insurance, and maintenance
- Empty properties can deteriorate and may be harder to insure
- Some councils charge extra council tax on empty properties
- If multiple people inherit, you can all become joint owners
- You could arrange for one person to buy out the others
- Or keep it jointly owned and agree on how to use or rent it
The main thing to remember is that while you don’t have to sell, you’ll still need to sort out probate and pay any inheritance tax due, even if you’re keeping the property.
Executor’s Authority When Selling Your Inherited Property
As an executor, you have the responsibility to handle the deceased’s estate, but you can’t sell the property until you have the grant of probate. This legal document confirms your authority to deal with the estate.
It takes around 12 weeks to receive this and you can apply for probate on GOV.UK.
Property Valuation Requirements
You’ll need a professional valuation for inheritance tax purposes. This must be carried out by a qualified RICS surveyor or estate agent and reflect the property’s value at the date of death.
Getting a RICS valuation typically costs £500-£1,000, but this could be worth it for peace of mind and to avoid potential challenges from HMRC later.
- If the property’s value is close to or above the inheritance tax threshold (currently £325,000)
- If there are unusual features that make the property hard to value
- If there might be disagreements between beneficiaries about the value
- If you think HMRC might challenge the valuation
- For lower-value properties well below the inheritance tax threshold
- When the property is fairly standard and similar to others in the area
- If all beneficiaries agree on the rough value
- If you have clear evidence of recent similar sales in the area
Top tip: Use Rightmove sold prices (not up for sale prices). Find similar properties (i.e. a like for like 3 bedroom terrace if that’s what it is) within ¼ mile radius of your inherited property that have sold within the last 6 months. This is the best way to get an accurate idea of price.
Timeline Expectations
While every case is different, here’s what you can typically expect:
- Obtaining grant of probate: 6-12 weeks
- Marketing the property: Can begin before probate
- Completion after probate: 3-6 months (often more if using an estate agent)
Managing Inheritance Tax
One of the biggest concerns with probate properties is inheritance tax. Here’s what you need to know:
Current Tax Thresholds
The inheritance tax threshold (nil-rate band) is £325,000. There’s an additional allowance of £175,000 if the property is left to direct descendants (children or grandchildren). This means:
- No tax to pay on estates worth up to £500,000 in many cases
- 40% tax on anything above these thresholds
- Tax must be paid within 6 months of death
Payment Options
You can:
- Pay from existing estate funds
- Take out an executor’s loan
- Arrange a payment plan with HMRC
- Sell the property and pay from proceeds (with HMRC agreement)
An executor’s loan (also called an executor’s advance or probate loan) can help cover inheritance tax or other estate costs before the property sells. Here’s how to get one:
Who Provides These Loans:
- Specialist probate loan companies
- Some high street banks
- Private banks
- Legal finance companies
Steps to Get an Executor’s Loan:
- Contact specialist lenders directly or through your probate solicitor
- Provide proof that you’re the executor (the grant of probate)
- Show details of the estate’s assets and any debts
- Get a professional property valuation (usually required by lenders)
- Compare interest rates and terms from different lenders
Important Things to Know:
- The loan is secured against the estate, not you personally
- Interest rates are often higher than standard loans
- The loan must be repaid when the estate is settled
- Some lenders will want to see a professional valuation of the estate
- You might need approval from all beneficiaries
A key tip: Make sure to calculate whether the loan’s interest costs are worth it compared to waiting to sell assets or making other arrangements with HMRC for tax payments. If you sell the property within 6 months of the death then you can use the proceeds to pay the tax.
Costs of Selling Probate Property
When you’re selling a house after someone has passed away, there are several costs to keep in mind.
Think of it like a shopping list that needs sorting before the sale can happen.
You’ll need to pay a solicitor to handle the legal paperwork (usually around £1,000-£3,000), and if you use an estate agent to sell the house, they typically charge between 1-3% of the selling price.
Don’t forget about house clearance services if you need help sorting belongings, and there might be small costs for things like getting energy certificates and fixing any problems before selling.
If the property has a leasehold, there could be some extra charges too, but your solicitor will help explain these. Remember, most of these costs can be paid from the money made from selling the house. But you may need to find some cash up front for some of it.
Common Challenges and Solutions
Having helped numerous families through this process, here are the main challenges I’ve encountered and how to overcome them:
When several beneficiaries are involved, decision-making can become complicated. Solutions include:
- Regular communication with all parties
- Documented agreements on sale price and strategy
- Professional mediation if needed
Empty properties can deteriorate quickly. Ensure you:
- Maintain adequate insurance coverage
- Regular property checks (especially in winter)
- Essential repairs and maintenance
- Secure the property properly
Dealing with a loved one’s belongings is often one of the most delicate parts of the process, and it’s completely normal to need time and space to sort through everything.
While you’re going through items, try to make a simple list of valuable things and chat with family about who would like what – many find this helps share memories too.
If it feels overwhelming, remember that house clearance services can help, and keeping notes about what goes where can help avoid any confusion later. Take it at your own pace – there’s no rush to do everything at once.
Your Selling Options
Based on your circumstances, you have several routes available:
Estate Agents
A traditional estate agent sale typically involves:
- Average timeline: 6-9 months for flats
- 1 in 3 transactions falls through
- Market dependent – harder in oversaturated areas
- Costs to consider:
- Estate agent fees (1-3%)
- Conveyancing (£1,500-2,500)
- EPC renewal if expired (£60-100)
- Maintenance/updating to meet market standards
- Mortgage payments during listing period
Property Buyers Today
Cash buying companies are perfect when you need a guaranteed quick sale:
- Complete in as little as 7 days
- No chain or financing delays
- Key benefits:
- Zero estate agent or legal fees
- No viewings or property preparation needed
- Guaranteed completion date
- No risk of buyer withdrawing
- Trade-off: Expect up to 85% of market value (often similar to final net amount through other routes after costs)
Property Auction
The auction route offers:
- Timeline: 3-4 months
- Immediate exchange on auction day
- More specialised knowledge required
- Important factors:
- No guarantee of achieving reserve price
- Limited buyer pool for flats vs houses
- Entry fees (£500-1,000)
- Auction house commission (2.5-3%)
- Need for auction-ready legal pack (£300-500)
Why Choose Property Buyers Today for Your Inherited Property?
Having helped numerous families through probate sales, we understand this can be a sensitive and challenging time. Our service is specifically designed to make the process as smooth as possible:
- Complete in as little as 7 days after probate is granted
- No estate agent fees or legal costs (we cover them)
- Purchase in any condition – no need for repairs or clearance
- Flexible completion dates to work with your timeline
- No viewings or multiple buyer negotiations
- Single point of contact throughout
We work closely with specialist probate solicitors and can recommend trusted professionals to help with the probate process itself. While we typically offer less than the market value, our speed and certainty can be invaluable when you need to settle an estate quickly or when beneficiaries live far apart.
Most importantly, we understand the emotional aspects of probate sales and handle everything with care and sensitivity.
Expert Tips for a Successful Sale
After years of handling probate sales, here are my top recommendations:
- Start early: Begin preparing paperwork before probate is granted
- Keep detailed records: Document all decisions and communications
- Maintain the property: Empty houses deteriorate quickly
- Be realistic on price: Consider the property’s condition and market
- Choose specialists: Work with professionals experienced in probate
Top tip: Use Rightmove sold prices (not up for sale prices). Find similar properties within ¼ mile radius of yours that have sold within the last 6 months. This is the best way to get an accurate idea of price.
Key Questions Answered About Selling Probate Property
Having helped hundreds of families through this process, here are the answers to the most common questions I receive:
10 Steps to Selling Your Probate Home
1. Apply for Grant of Probate
- Submit application to Probate Registry (costs £155-£273)
- Gather necessary documentation including death certificate and will
- Can take 12+ weeks to receive the grant
- You can begin some preparations while waiting (see next steps)
- Apply for probate on GOV.UK.
2. Value the Inherited Property
- Get at least three estate agent valuations
- Consider getting a professional RICS valuation for probate purposes
- Property must be valued as of the date of death
- Required for inheritance tax calculations
- Important to get accurate valuation as executors must achieve market value
3. Calculate and Pay Inheritance Tax
- Due within 6 months of death
- 40% payable on anything over £325,000
- Higher threshold (£500,000) if leaving to children/grandchildren
- Can be challenging if property hasn’t sold yet
- Consider options like bridging loans or cash buying companies (such as Property Buyers Today) if needed
4. Secure and Insure the Property
- Update home insurance to reflect empty property status
- Ensure proper coverage for unoccupied property
- Regular checks for maintenance issues
- Keep utilities connected and heating on in winter
- Secure all doors and windows
5. Prepare the Property
- Clear personal belongings (consult beneficiaries first)
- Basic cleaning and maintenance
- Consider if any repairs are needed
- Take care of garden maintenance
- Document everything if multiple beneficiaries involved
6. Instruct Professionals
- Choose an estate agent/ cash buying company/ auction house
- Appoint a conveyancing solicitor
- Get required certificates (like EPC)
- Ensure professionals have experience with probate sales
- Get clear fee structures upfront
7. Market the Property (not needed with our services)
- Agree on marketing strategy with estate agent/ property buying company
- Ensure property listing mentions probate sale
- Be clear about timeframes with potential buyers
- Keep all beneficiaries informed of marketing progress
- Consider whether to accept early offers
8. Handle Viewings and Offers (not needed with our services)
- Decide who will conduct viewings (not needed using a company like ours)
- Keep detailed records of all offers
- Remember executor’s duty to achieve market value
- Consult beneficiaries about significant offers
- Be transparent about probate status with potential buyers
9. Exchange Contracts
- Ensure grant of probate is received
- Review all sale paperwork carefully
- Agree on completion date
- Ensure deposit is paid
- Keep beneficiaries informed of progress
10. Complete Sale and Distribute Proceeds
- Arrange final property clearance
- Take final meter readings
- Handle key handover
- Ensure sales proceeds are correctly distributed
- Keep clear records of all transactions
Additional Bonus Tips
- Keep detailed records throughout the process
- Maintain clear communication with all beneficiaries
- Be patient as probate sales can take longer than standard sales
- Consider getting professional advice for complex situations
- Remember executors have legal responsibilities to act in best interests of estate
