How to Sell a Probate House in the UK (2025 Guide)
Dealing with probate is hard enough — selling a house at the same time can feel overwhelming.
If you’re the executor or administrator of an estate, you may be wondering when and how you’re allowed to sell a probate property, how long it takes, and what steps you need to take before you can actually complete the sale.
This guide explains, in plain English, what you can and can’t do before probate is granted, what paperwork you’ll need, and your best options for selling once you’re ready.
💡 Already have probate and now legally own the property? Read our guide to selling an inherited property.
What is probate?
Probate is a legal process that occurs after someone dies. It's used for distributing their assets and settling any debts or taxes. The process starts with obtaining a Grant of Probate, which is necessary for managing the deceased person's estate. This grant is given to either the Executor named in the deceased's Will or to a family member if there is no Will.
If the deceased had a valid Will, you need to apply for a Grant of Probate. This confirms the Will is valid and gives legal authority to carry out its instructions. However, if there's no Will, the process involves applying for a Grant of Letters of Administration. This establishes who has the right to handle and distribute the estate. Both grants are part of what's known as Grants of Representation.
The Grant of Probate is particularly important. It grants specific powers like signing contracts on behalf of the deceased. This is necessary for situations such as selling property or completing financial transactions. In summary, probate is a structured legal process that ensures the deceased's wishes are respected and their assets are handled properly after they pass away.
Step 1: Understand Your Legal Authority
Before you can sell a probate property, you need to be certain you have legal authority to do so.
- Executor – named in a will to manage the estate.
- Administrator – appointed by law if there’s no will.
- Joint Owner – if the property was owned as joint tenants, it may pass automatically to the surviving owner without probate.
In most cases, you will need a Grant of Probate (if there’s a will) or Letters of Administration (if not). These confirm your right to sell the property.
⚠️ You can start preparing and even marketing the property before you receive the grant, but you cannot exchange contracts until it’s issued.
Step 2: Understand the Probate Sale Timeline
Here’s a typical timeline for a probate property sale in the UK:
Pro tip: Be transparent with buyers that the sale is “subject to probate.” Some will be happy to wait; others won’t.
Step 3: Get the Right Valuations
You usually need two valuations:
- A probate valuation for inheritance tax (by estate agent or RICS surveyor)
- A market valuation for setting your asking price (from 2–3 estate agents or cash buyers)
Having these ready speeds up both the legal and selling process.
Step 4: Prepare the Property for Sale
- Clear out contents and personal belongings
- Do basic repairs (damp, leaks, electrics, locks)
- Deep clean and refresh décor if needed
- Arrange unoccupied property insurance
- Secure utilities and make sure the EPC is valid
Even small improvements can help attract stronger offers.
Step 5: Choose Your Sale Route
If there are multiple beneficiaries, agree on the chosen route and sale price early to prevent disputes.
Step 6: Balance Speed vs Price
Selling through an estate agent may get the best price — but it can also take many months, and there’s always the risk of a chain collapsing.
Sometimes, speed is more important than maximising every pound — especially if:
- The estate needs funds quickly to settle debts or distribute inheritance
- The property is empty and costing money to maintain
- You want to avoid a long, stressful open-market process
Upstix can make a guaranteed cash offer and complete in as little as 7–28 days.
That means no chains, no mortgage delays, and no repairs or marketing required — just a fast, certain sale.
💡 Tip: Get a cash offer alongside your estate agent valuations — it gives you a benchmark and a fallback if the market route stalls.
Step 7: Understand the Costs and Taxes
- Inheritance Tax (IHT): Usually paid during probate, based on estate value
- Capital Gains Tax (CGT): Only applies if the property increases in value between death and sale
- Other Costs: Solicitor fees, insurance, utilities, council tax (after 6 months), property clearance, maintenance
Keep receipts for all expenses — they can sometimes be offset against CGT.
Step 8: Manage the Sale Process Smoothly
- Be upfront about probate status in all listings
- Use an experienced conveyancer who understands probate
- Keep all beneficiaries informed to prevent disagreements
- Have the Grant of Probate ready to provide as soon as it arrives
Smooth communication = faster completion.
Step 9: FAQs
Can I sell a house before probate is granted?
You can market and accept offers, but you can’t exchange contracts until the grant is issued.
How long does probate take?
Typically 8–16 weeks, but longer for complex estates or disputes.
Do I have to pay tax on selling a probate property?
Possibly inheritance tax and capital gains tax — get professional advice.
Can a beneficiary buy the property?
Yes — as long as all executors/beneficiaries agree and it’s at fair market value.
What to Do Next
- Confirm your legal authority as executor/administrator
- Apply for probate as early as possible
- Get both probate and market valuations
- Decide if speed or price matters more to your situation
- Consider requesting a fast cash offer from Upstix to remove uncertainty
Want to move things forward? Get a free, no-obligation offer from Upstix and sell in as little as 7 days.