When you can sell, and when you cannot
You generally cannot sell an inherited house before Grant of Probate is issued (or Letters of Administration where there was no will). The Land Registry will not transfer ownership without it, and a conveyancer will not act where the seller cannot prove authority to sell. Two practical exceptions:
- You can market the property and accept an offer before probate is granted; the sale just cannot complete until the grant is in hand. Many sellers do this to compress the timeline.
- If the property was held as joint tenants with a surviving co-owner, ownership passes automatically under the rule of survivorship and probate is not needed for that transfer.
For tenants-in-common or sole ownership, probate is required.
Step by step
Usually within 5 days. Get 4 to 6 original death certificates; banks, the Probate Registry, Land Registry and solicitors all want originals.
The will names the executors, who are legally authorised to deal with the estate. With no will, the closest relatives apply for Letters of Administration.
Important for inheritance tax. A RICS valuation is ideal; the date-of-death value becomes the cost basis for any future capital gains tax.
To HMCTS Probate Service: £273 plus £1.50 per extra copy, currently around 16 to 20 weeks. Any inheritance tax due is calculated and paid before the grant is issued.
List with an agent or contact a cash buyer at any point after the death; disclose that completion is subject to the grant.
Once probate is in hand, the executor signs the TR1 transfer and proceeds go to the executor's account for distribution.
If the property rose in value since death, the executors may owe CGT on the increase: a £3,000 estate allowance (2024-25) and 24% on residential gains. Beneficiaries who take ownership first use their own allowance and rates.
How long does it actually take?
| Stage | Typical time (2026) |
|---|---|
| Death to probate application | 4-8 weeks |
| Application to grant issued | 16-20 weeks |
| Sale post-grant (estate agent) | 12-16 weeks |
| Sale post-grant (cash buyer) | 2-4 weeks |
| Total via estate agent | 8-14 months |
| Total via cash buyer | 5-8 months |
| With Property Sold Simple, once probate is granted | Sold in as little as 7 days |
The unavoidable bottleneck is probate itself, which depends on HMCTS and cannot be sped up for any buyer. The part we control is the sale: once the grant is issued, Property Sold Simple completes in as little as 7 days, faster than an estate agent or a typical cash buyer, so the only wait left is probate.
The tax position
Inheritance tax (IHT) and capital gains tax (CGT) are different and often confused. Both can apply, in sequence.
On the whole estate above the £325,000 nil-rate band, plus up to £175,000 residence nil-rate band where a main home passes to direct descendants. 40% on the amount above the threshold, payable within 6 months of death.
On the increase between the date-of-death value and the sale price only, not the whole sale price. Executors: £3,000 allowance, 24% on residential gains. Beneficiaries: own allowance and rate by income band.
Common mistake: assuming you pay tax on the entire sale price. You only pay CGT on the rise in value since death, and only if it exceeds the allowance.
Selling an inherited house with siblings
Where a will (or intestacy) leaves a property to multiple beneficiaries, all must agree to the sale. If one refuses while others want to sell:
- Negotiate a buyout based on a RICS valuation of the dissenting share.
- Apply to court under Section 14 of TOLATA 1996 for an order for sale. Adversarial, slow (6-12 months) and costly (£5,000-£20,000+).
- One sibling buys out the others at fair market value by raising finance.
Most disputes are settled by buyout, not court orders. Common flashpoints: sell vs rent, refurbish-first vs sell as-is, and timeline (one beneficiary needs money urgently, another wants to wait).
What if the property is in poor condition?
Inherited homes are often dated: original electrics needing a rewire to be mortgageable, single glazing, old or absent heating, asbestos in soffits or pipe lagging, and decor decades out of date. The executor chooses between:
Lower price, faster sale, no refurbishment cost or risk.
Potentially higher price, but the estate funds the work, manages contractors, and absorbs a 6-12 month delay.
For most modest-value inherited properties, the post-refurb uplift does not justify the time, cost and risk. Selling as-is is usually the rational choice.
Selling fast with a cash buyer
Cash buyers purchase inherited property directly from executors, typically at 80-90% of open market value with completion in 2-4 weeks after the grant is issued. This route makes sense when:
- The estate must be settled within a deadline (inheritance tax, beneficiary obligations).
- The property is in poor condition and refurbishment is impractical.
- Multiple beneficiaries want a clean, fast resolution.
- The property is in a slow-selling area or has issues that deter mortgage buyers.
It does not make sense when the property is in good condition in a desirable area, all beneficiaries can wait, and the IHT bill is funded from other assets. Before choosing any cash buyer, read our guide on whether house buying companies are legit, and for a probate sale specifically, confirm the buyer will exchange subject to probate and will not reduce the offer once the grant is issued.
Common questions
Do I need probate to sell an inherited house?
Yes, in almost all cases. The Land Registry will not transfer ownership without Grant of Probate or Letters of Administration. The exception is property held as joint tenants with a surviving co-owner, where the rule of survivorship transfers ownership automatically.
Can I sell my parents' house before probate is granted?
You can market it and accept an offer, but the sale cannot complete until probate is in hand. Many sellers do exactly this to compress the timeline.
Do you pay capital gains tax on inherited property?
You may, if the property has risen in value between the date of death and the sale. CGT applies to the increase, not the whole sale price. Executors selling within the estate have a £3,000 allowance and pay 24% on residential gains; beneficiaries who take ownership first have their own allowance and rates.
What is the 2-year rule for inherited property?
There is no single 2-year rule. The term conflates two things: inheritance tax loss-on-sale relief, where a property sold within four years of death for less than its date-of-death value can reduce IHT; and capital gains treatment where a beneficiary occupies the former main residence. Take advice from a probate solicitor for your situation.
How long does probate take in 2026?
In 2025-2026 probate typically takes 16 to 20 weeks from application to the grant being issued, down from a 24-week-plus peak but still longer than the historical 4-week norm. The wait is driven by HMCTS staffing.
Can I sell with siblings if one disagrees?
Negotiation and a buyout based on a RICS valuation is the first route. If that fails, you can apply to court under Section 14 of TOLATA 1996 for an order for sale, though this is slow and costly. Most disputes are resolved by buyout rather than court orders.
What if the inherited house has a mortgage?
The mortgage is part of the estate. The executor pays it off from estate assets, redeems it from the sale proceeds at completion, or in rare cases an heir takes it on with the lender's agreement. Mortgages do not transfer to beneficiaries automatically.
Selling an inherited property?
We offer free, no-obligation offers on inherited and probate properties, and will exchange subject to the grant so the deal is locked in while you wait.
Get a free probate property offer