Selling a House During Probate

Selling a house during probate is common, and in most cases the property can be put on the market before the grant is issued, but the sale cannot legally complete until the executors have the authority a grant of probate gives them.

A home owned in the sole name of the person who died usually needs to pass through probate before it can be transferred or sold, because a buyer's solicitor and HM Land Registry will look for the grant that confirms who can deal with the property. This guide explains when you can market, when you can complete, the exceptions, and the tax that can apply. It sits within our What Is Probate? guide and our wider estate planning guide. Figures are current as at July 2026 and are subject to change.

Can you sell a house before probate is granted?

In most cases a solely owned property can be marketed before probate, but the sale cannot exchange or complete until the grant is issued. The grant of probate is what confirms the executors' legal authority to transfer the property, and a buyer's conveyancer will normally want to see it before completion (gov.uk, applying for probate, as at July 2026). Marketing early can save time, though it carries the risk of a buyer walking away if the grant is delayed.

Marketing versus completing: the key difference

Marketing and completing are two different stages, and the grant sits between them. You can instruct an agent, hold viewings and even accept an offer while the probate application is underway. What you generally cannot do is exchange contracts or complete the legal transfer until the grant of probate is issued, because the executors need that authority to give good title to the buyer.

General position based on gov.uk/applying-for-probate and gov.uk, updating property records, as at July 2026, subject to change. Each conveyancer sets their own requirements.

When a house can be sold without probate

Some homes pass outside probate and can be sold or transferred without a grant. The main example is a property held as joint tenants: on death it passes automatically to the surviving owner by survivorship, so the survivor can deal with it without probate (gov.uk, as at July 2026). Property held on trust can also be handled by the trustees. Sole ownership, and ownership as tenants in common, usually still needs a grant.

• Joint tenants. The deceased's share passes automatically to the surviving joint owner, who can then sell without a grant (gov.uk, as at July 2026).
• Property held in a trust. The trustees, rather than an executor, generally have authority to deal with the property under the trust terms.
• Tenants in common. The deceased's share passes under their will or the intestacy rules, so a grant is usually still needed for that share.

Inheritance tax and the sale proceeds

Inheritance tax is worked out on the estate's value at the date of death, so selling the house later does not change the inheritance tax valuation on its own. The standard inheritance tax rate is 40%, charged only on the part of an estate above the available tax-free thresholds, with a reduced rate of 36% where at least 10% of the net estate is left to charity (gov.uk, as at July 2026, subject to change). Where a home passes to children or grandchildren, an extra allowance can apply. For the property angle, see our guide to inheritance tax on property.

Source: gov.uk/inheritance-tax. These thresholds are frozen until the end of the 2030-31 tax year (5 April 2031) (gov.uk), subject to change.

Selling in Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland uses a different process called confirmation, granted by the sheriff court, and its property and succession rules differ, so the point at which an executor can sell heritable property follows Scottish procedure rather than a grant of probate. Northern Ireland has a broadly similar system to England and Wales, with its own probate office. Where an estate or a property touches more than one UK nation, it can be worth taking advice in each.

Frequently asked questions