Can You Sell a House Before Probate Is Granted?

You cannot legally complete the sale of a house before probate is granted in England and Wales, because no one has authority to transfer the title until the grant is issued. You can, however, value the property, put it on the market, and agree a buyer while the application is in progress. A home held as joint tenants can pass to the surviving owner without probate at all.

What you can and cannot do before the grant is issued

Before the grant, you can prepare and market a property, but you cannot exchange contracts or complete. The grant of probate (or letters of administration where there is no will) is the document that gives an executor or administrator legal authority to sell. Buyers, conveyancers and the Land Registry all wait for it before the sale finishes.

General position under the law of England and Wales, as at August 2026. See what probate is and when it is needed.

When you might not need probate to sell at all

Some sales do not need a grant. A home owned as joint tenants passes automatically to the surviving owner by survivorship, so it can be sold without probate. A property owned as tenants in common, or in the sole name of the person who died, usually needs a grant before it can be sold.

• Joint tenants. The surviving owner inherits the whole property automatically and can sell without probate.
• Tenants in common. The deceased's share passes under the will or the intestacy rules, and a grant is usually needed to deal with it.
• Sole ownership. A grant is almost always required before the property can be sold or transferred.

If you are unsure how a property is owned, the Land Registry title shows whether it is held as joint tenants or tenants in common. Getting this right early avoids a stalled sale later.

How long does probate take in 2026?

In 2026, most complete online probate applications are granted within about 4 to 12 weeks, and often around 4 to 5 weeks for straightforward cases (gov.uk / HMCTS, subject to change). Paper applications, and cases the registry stops because information is missing or does not match, typically take 16 weeks or more. Winding up the whole estate usually takes several months longer than the grant itself.

What does it cost to apply for probate?

The probate application fee in England and Wales is £526 for estates worth more than £5,000, following an increase from £300 on 13 July 2026 (gov.uk, subject to change). There is no fee for estates of £5,000 or less. Extra copies of the grant cost £2 each with the application, useful when several banks and buyers need to see it. Solicitor or probate-specialist fees are separate and agreed beforehand.

Will you pay tax when you sell an inherited house?

Two taxes can apply. Inheritance tax is charged on the estate at 40% above the available thresholds: the £325,000 nil-rate band, plus up to £175,000 residence nil-rate band where a home passes to direct descendants, both frozen until 5 April 2031 (gov.uk, subject to change). See our guide to how inheritance tax works.

Capital gains tax may apply to any rise in the property's value between the date of death and the sale. The estate can pay capital gains tax at 24% on residential property gains above the annual exempt amount (£3,000 for 2026/27), so selling close to the probate valuation often keeps any gain small (gov.uk, subject to change).

What people get wrong about selling before probate

The common mistake is treating "can you sell" as a simple yes or no. In practice you can do almost everything except exchange and complete, so the useful question is timing, not permission. These are the points that trip families up most often.

• Assuming a US answer applies. Much of the guidance online is written for US states, where the rules differ. England and Wales treat joint ownership and marketing differently.
• Confusing marketing with completing. You can agree a buyer early, but tell them the sale depends on the grant so they plan for the wait rather than pulling out.
• Forgetting empty-property insurance. Standard cover often lapses after 30 to 60 days unoccupied, so tell the insurer and arrange unoccupied cover.
• Under-valuing at probate. A low probate value can raise a later capital gains tax bill, so value the property carefully at the date of death.

How to sell a probate property, step by step

Once you decide to sell, the process runs alongside the probate application, so little time is lost. You can value the property, market it and agree a buyer in the early steps before the grant arrives, then exchange contracts and complete once you have the legal authority the grant provides.

1. Get the property valued as at the date of death, ideally by a RICS surveyor or two or three local estate agents, for both probate and inheritance tax.
2. Apply for probate, or letters of administration, online where possible, so the grant is in progress while you prepare the sale.
3. Instruct an estate agent and put the property on the market; you can market it and agree a buyer before the grant is issued.
4. Instruct a conveyancer, who can begin searches and enquiries and let your buyer know the sale depends on the grant.
5. Exchange contracts once the grant has been issued and you have legal authority to sell.
6. Complete the sale, transfer the title, and settle any inheritance tax and capital gains tax due before distributing the estate.

Frequently asked questions

In short, you can market a house and agree a buyer before probate is granted in England and Wales, but you cannot exchange contracts or complete until the grant of probate or letters of administration is issued. A jointly owned home may pass to the surviving owner without probate. The answers below cover timing, ownership and the practical steps.