This guide covers the legal process step by step, who has authority, how the property must be valued, what it costs, and the routes available for selling.
Who can sell a house in probate?
Only the personal representatives have legal authority to sell. There are two types:
Named in the will. Their authority derives from the will itself, confirmed by the grant of probate.
Appointed where there is no valid will, or where the named executors cannot or will not act. Their authority comes from letters of administration under the intestacy rules.
Beneficiaries have no authority to sell, even where they will receive the entire proceeds. This trips up a great many families. If you are a beneficiary but not an executor, you cannot instruct an estate agent, accept an offer, or sign a transfer. Where there are multiple executors, they generally must act together: all must sign the contract and the transfer deed.
The legal process, step by step
Register the death and obtain several certified copies of the death certificate. Locate the will, which names the executors. If no will is found after reasonable search, the estate is intestate and the intestacy rules determine who applies for letters of administration.
A legal requirement, not a formality. The date-of-death value determines the inheritance tax position, becomes the cost basis for any capital gains tax if the property later sells for more, and must be defensible to HMRC. For estates near or above the IHT threshold, use a RICS chartered surveyor for a formal Red Book valuation. For clearly sub-threshold estates, three written estate agent valuations averaged is commonly accepted. A deliberately low valuation is a false economy: it reduces IHT but increases the CGT bill if the property sells for more, and HMRC can challenge undervaluation.
Made to HMCTS Probate Service. The court fee is £273 for estates over £5,000, with additional copies at £1.50 each. If inheritance tax is due, it generally must be paid before the grant is issued, which creates a cashflow problem for estates whose main asset is the house. Options include HMRC's instalment plan (IHT on land and buildings can be paid in 10 annual instalments), an executor's loan, or a fast sale to release funds.
You can market at any point, including while probate is pending. Disclose to buyers that completion is subject to the grant. Marketing during the wait rather than after it typically saves 2 to 4 months from the total timeline.
Executors accept the offer. The conveyancing solicitor will require the death certificate, the will, and eventually the grant. Contracts can be exchanged subject to the grant being issued.
Once the grant is in hand, exchange (if not already done) and complete. The executors sign the TR1 transfer form. Proceeds go into the executor's account, not directly to beneficiaries.
After debts, taxes, and expenses are settled, the executors distribute the balance to beneficiaries according to the will or intestacy rules. Prudent executors wait until the statutory claim periods have passed before distributing.
How long does a probate house sale take?
| Stage | Typical time |
|---|---|
| Death to probate application | 4-8 weeks |
| Grant of probate issued | 16-20 weeks |
| Marketing (parallel to probate) | no added time |
| Estate agent sale after grant | 12-16 weeks |
| Cash sale after grant | 2-4 weeks |
| Total via estate agent | 8-14 months |
| Total via cash buyer | 5-8 months |
Probate itself is the fixed constraint. HMCTS processing times are outside anyone's control, including the solicitor's. Anyone promising to "speed up probate" is selling you a faster application, not a faster grant.
What does a probate house sale cost?
| Cost | Typical range |
|---|---|
| Probate court fee | £273 (+ £1.50 per copy) |
| Grant-only solicitor service | £500-£1,500 |
| Full estate administration by solicitor | 2%-5% of estate value |
| RICS Red Book valuation | £300-£800 |
| Conveyancing (sale) | £800-£1,500 |
| Estate agent fee | 1%-3% + VAT |
| House clearance | £300-£1,500 |
| Unoccupied property insurance | £300-£700 per year |
Executors can apply for the grant themselves and pay only the £273 court fee. Where the estate is straightforward (a house, some bank accounts, a clear will), this is entirely achievable without a solicitor. Where there is a dispute, a complex trust, business assets, or an IHT liability, professional help earns its cost. Selling to a cash buyer removes the estate agent fee and the conveyancing cost, as the buyer typically covers both sides' legal fees.
Can you sell a probate house without an estate agent?
Yes. Executors are under a duty to obtain a reasonable price for the estate, but they are not obliged to use an estate agent. The three common routes:
Achieves the highest headline price given time, typically 12-16 weeks post-grant, costs 1-3% + VAT. Best where the property is in good condition, the market is active, and beneficiaries can wait.
Well suited to probate property. Concentrates competing bidders, produces a binding sale on the hammer, and handles title quirks through the legal pack. Traditional auction completes in 20-28 days after the sale; modern auction in up to 56 days. Fees around 2%-3.5% + VAT.
Completes in 2-4 weeks after the grant, typically pays 80-90% of open market value, covers all legal fees, and can exchange subject to the grant so the deal is secured during the probate wait. Best where speed, certainty, or a dated property make the agent route impractical.
Executors choosing a below-market-value route should document the reasoning (condition, holding costs, beneficiary agreement, market evidence), since they owe a duty to the estate. Written agreement from all beneficiaries is sensible.
When does a cash sale make sense for a probate property?
- The estate needs funds to pay an inheritance tax bill before the grant is issued.
- The property is dated or in poor condition and would need refurbishment to attract mortgage buyers.
- The property is empty and costing money: insurance, council tax after the exemption ends, security, maintenance.
- Beneficiaries want a clean, fast, equal resolution rather than a drawn-out marketing process.
- The property is in a slower-selling area where an agent sale could take many months.
- The executor is distant or time-poor and cannot manage viewings and a chain.
It makes less sense where the property is in good condition in a strong market and all beneficiaries are content to wait for full value.
Get a free cash offer for a probate property
We buy probate properties across Oldham and within 20 miles, exchange subject to the grant, cover all legal fees (T&Cs apply), and can hold a deal open through the probate wait.
Get a free cash offer Frequently asked questions
How do I start a probate house sale in the UK?
Register the death, locate the will and confirm who the executors are, secure and insure the property, obtain a date-of-death valuation, then apply for the grant of probate. You can begin marketing at any point, but completion must wait for the grant.
How long does a probate house sale usually take?
Around 6 to 12 months from death to completion. The grant of probate accounts for roughly 16 to 20 weeks of that, with the remainder split between the pre-application period and the sale itself. Using a cash buyer and marketing during the probate wait can bring the total down to 5 to 8 months.
Can I sell a house under probate without an estate agent?
Yes. Executors may sell by private treaty, at auction, or directly to a cash buying company. There is no legal requirement to instruct an estate agent, though executors must act in the estate's interests and should document the reasoning for the route chosen.
How do I get an official valuation for probate?
For estates near or above the inheritance tax threshold, instruct a RICS chartered surveyor for a formal Red Book valuation, typically £300 to £800. For clearly sub-threshold estates, three written estate agent valuations averaged is commonly accepted by HMRC.
What companies specialise in probate property sales?
Established UK cash buyers including Property Solvers, Good Move and House Buyer Bureau all handle probate purchases, as do regional specialists. The checks to apply are the same as for any cash buyer: HMRC anti-money laundering registration (mandatory), TPO membership, and NAPB membership for established operators. See are house buying companies legit?
Who pays the bills on an empty probate property?
The estate does. Council tax is usually exempt while the property is unoccupied pending probate and for up to 6 months after the grant, after which the full charge applies and some councils add an empty-property premium. Buildings insurance must be switched to an unoccupied policy, as standard cover typically lapses after 30 to 60 days of vacancy.
Can executors sell to themselves or a family member?
This is a conflict of interest and is heavily restricted. An executor buying from the estate they administer risks the sale being set aside. It requires either the informed written consent of all beneficiaries or a court order, and independent valuation evidence. Take legal advice before contemplating it.
What if the property sells for more than the probate valuation?
The gain between the date-of-death value and the sale price may attract capital gains tax. Where executors sell within the estate, there is a £3,000 annual allowance and a 24% rate on residential property. Where the property was transferred to beneficiaries first, each has their own allowance and rate.
Bottom line
A probate house sale follows a fixed sequence: establish authority, value at the date of death, obtain the grant, then sell. The grant is the unavoidable constraint at 16 to 20 weeks, and the biggest avoidable delays are applying late and waiting for the grant before marketing.
Executors have a genuine choice of route. An estate agent maximises price given time. An auction suits unusual or problem properties. A cash buyer suits estates needing speed, certainty, or a solution to a dated property that would otherwise sit unsold.
Selling a probate property?
Get a free, no-obligation cash offer. We exchange subject to the grant so the deal is locked in while you wait, and we cover all legal fees (T&Cs apply).
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