Can You Sell a House Before Probate Is Granted?

When someone dies leaving a property behind, one of the first questions executors often ask is whether the house can be sold before probate is granted.

The short answer is that a probate property can usually be valued, prepared for sale, marketed and have an offer accepted before the Grant of Probate is issued. However, if the property was owned solely by the person who died, the sale will not normally be able to complete until the grant has been received.

Starting the process early can save valuable time. It also gives executors an opportunity to secure, maintain and prepare the property while the probate application is being processed.

What is a Grant of Probate?

A Grant of Probate is a legal document confirming that the executors named in a valid will have the authority to deal with the estate.

If the person died without leaving a valid will, the person entitled to administer the estate will usually need to apply for Letters of Administration instead. The person appointed is known as the administrator.

Both documents are commonly referred to as a Grant of Representation.

The grant allows the personal representatives to deal with assets belonging to the estate, including transferring or selling a property. The government provides further guidance on managing and selling assets after someone has died.

Can you put a house on the market before probate?

Yes. In many cases, a probate property can be put on the market before the Grant of Probate has been issued.

While waiting for the probate application to be processed, the executors can usually:

• Arrange probate property valuations
• Secure and insure the property
• Arrange regular property inspections
• Clear and clean the house
• Complete essential repairs and maintenance
• Obtain an Energy Performance Certificate if required
• Instruct an estate agent
• Arrange photographs, floorplans and marketing
• Conduct viewings
• Consider and accept an offer

This allows the property sale and probate application to progress alongside one another. By the time probate is granted, a buyer may already have been found and the conveyancing process may be well underway.

Harrisons Property Solutions provides specialist probate property support for executors, families and legal professionals, covering everything from the initial property inspection through to sale.

Can a probate property sale complete before probate is granted?

If the deceased was the sole owner of the property, the sale will not normally be able to complete until the Grant of Probate or Letters of Administration has been issued.

The buyer’s solicitor will need evidence that the personal representatives have the legal authority to transfer the property. HM Land Registry will also usually require a certified copy of the relevant grant when registering the transfer.

A buyer can therefore be found before probate, but legal ownership of the property will not usually pass to them until the grant is available.

Can contracts be exchanged before probate?

It may sometimes be possible for an executor named in a valid will to exchange contracts before probate is granted. However, this can create practical and legal risks.

The contract may need to state that completion is dependent on the grant being issued. If probate takes longer than expected, the estate could be unable to complete on the agreed date.

Many conveyancers will recommend waiting until probate has been granted before exchanging contracts, particularly if the buyer is part of a chain or needs to move by a fixed date.

The position can also be different where there is no will. An administrator generally obtains their authority from the Letters of Administration, so they may not have the same ability to commit the estate to a sale before the grant is issued.

Executors and proposed administrators should take advice from the conveyancer handling the sale before entering into a binding contract.

What if the property was jointly owned?

The position may be different if the property was jointly owned.

If the property was held as joint tenants, the deceased’s legal interest will generally pass automatically to the surviving joint owner. A Grant of Probate may not be required solely to sell the property, although the Land Registry records will still need to be updated.

If the property was held as tenants in common, the deceased’s beneficial share will form part of their estate. Additional steps may be required before the property can be sold, depending on the ownership structure and who remains registered as the legal owner.

The title documents should always be checked before decisions are made about the property. HM Land Registry guidance explains how property records may need to be updated following a death.

What happens to the property while probate is pending?

Finding a buyer is only part of the responsibility involved in dealing with a probate property.

The period between the death and the Grant of Probate can last for several months. During that time, the property may be empty and still needs to be protected.

A vacant probate property can be exposed to:

• Undetected water leaks
• Damp, mould and poor ventilation
• Burst pipes and cold weather damage
• Pest problems
• Garden and exterior deterioration
• Break-ins, vandalism or unauthorised access
• Problems with utilities
• Missed post and important notices
• Insurance conditions not being met
• A decline in the property’s condition and value

Executors are responsible for taking reasonable steps to protect estate assets. Leaving the house unattended for long periods could result in damage that reduces the amount ultimately available to beneficiaries.

Harrisons provides vacant property management for probate properties, combining scheduled inspections, photographic reporting, security checks, risk monitoring and maintenance coordination.

Check the property insurance immediately

A standard home insurance policy may change or cease to provide full cover when the policyholder dies or the property becomes unoccupied.

The insurer should be notified of the death and told that the property is vacant. Depending on the policy, the insurer may require:

• Inspections at specific intervals
• Heating to remain on at a minimum temperature
• Water systems to be drained down
• Doors and windows to be secured
• Post to be removed
• The garden to be maintained
• Any damage to be reported promptly

Executors should keep records showing that these requirements have been followed. If the conditions are not met, an insurance claim could be rejected.

Harrisons Property Solutions can help arrange and document regular inspections, meter readings, utility checks, security measures and insurer-compliant property reporting.

Maintaining a probate property while it is vacant

Even if a house is going to be sold, it should not be allowed to deteriorate while probate is pending.

Small problems can become expensive if they are not identified early. A minor roof leak, dripping pipe or broken window can cause significant damage when no one is living at the property.

Regular maintenance may include:

• Checking for leaks, damp and mould
• Testing locks and securing access points
• Garden clearance and ongoing grounds maintenance
• Gutter and roof checks
• Heating, ventilation and seasonal checks
• Water system flushing or winterisation
• Pest control
• Minor plumbing, electrical and building repairs
• Cleaning and general upkeep
• Arranging access for contractors and surveyors

Harrisons offers property maintenance services for vacant, probate and managed properties. Support can be arranged as a one-off instruction or as an ongoing programme until the property is sold or transferred.

Preparing the property for sale

A probate property may contain a lifetime of personal possessions. Executors need to deal with these carefully before arranging a clearance.

Important documents, photographs, jewellery, collectables and other valuable or sentimental items should be identified and set aside. Some contents may also need to be professionally valued for the probate application or estate records.

Preparing the property for sale may involve:

• Producing an inventory of contents
• Identifying valuable or sentimental items
• Arranging probate valuations
• Removing important paperwork
• Completing a sensitive house clearance
• Deep cleaning the property
• Clearing the garden
• Completing essential repairs
• Obtaining safety certificates or an EPC
• Improving the property’s presentation
• Preparing a clear record of work and expenditure

Harrisons provides a coordinated probate sale preparation service, including inspections, clearance, cleaning, maintenance, compliance coordination and photographic reporting.

The aim is not necessarily to spend heavily on refurbishment. It is to identify the work that will protect the property, improve its appeal and support the best possible sale outcome for the estate.

Achieving the best result for the estate

Executors have a responsibility to act in the interests of the estate and its beneficiaries. When selling a property, this includes taking reasonable steps to obtain an appropriate price and carefully considering the costs of sale.

A quick offer is not always the best offer. Executors should consider:

• The property’s open market value
• The buyer’s financial position
• Whether the buyer is part of a chain
• The likelihood of the sale completing
• The proposed timescale
• Any conditions attached to the offer
• The cost of continued maintenance and insurance
• Estate agency and sale fees
• Whether wider marketing could produce a better outcome

Harrisons Estate Agent Solutions specialises in probate and estate property sales. The service is designed around the additional considerations involved in estate administration, including vacant property management, beneficiary communication, sale preparation and probate timescales.

Selling with a 0% seller fee

Estate agency commission can take a significant amount from the proceeds of a property sale. That is money which would otherwise remain within the estate for liabilities, administration costs and eventual distribution to beneficiaries.

Where appropriate, Harrisons Estate Agent Solutions can offer a 0% seller fee option.

This means the estate does not pay the usual percentage-based estate agency commission. It can help ensure that as much of the sale proceeds as possible remains within the estate.

For example, a traditional estate agency fee of 1.5% on a £400,000 property would cost the estate £6,000 before VAT. A suitable 0% seller fee arrangement could allow that money to remain in the estate instead.

The availability and structure of the 0% seller fee option will depend on the property and the circumstances of the proposed sale. Harrisons will explain how the arrangement works, including any buyer premium, before the property is instructed.

Protecting the estate is not only about achieving a strong sale price. It is also about controlling the costs that reduce the final amount available to beneficiaries.

How long does a probate property sale take?

There is no fixed timescale for selling a probate property. The overall process will depend on:

• Whether the probate application has been submitted
• Whether Inheritance Tax needs to be paid
• Whether the will is valid and uncontested
• Whether all executors are able and willing to act
• The condition and location of the property
• Whether clearance or repairs are required
• How quickly a suitable buyer is found
• Whether the buyer is in a chain
• Whether any title or ownership issues arise

Executors should be open with the estate agent and potential buyers about the probate position. A buyer who understands the likely timescale from the beginning may be less likely to withdraw if completion cannot take place immediately.

How EstateCare and Harrisons Property Solutions can help

Managing a property while also administering an estate can quickly become overwhelming. Executors may find themselves coordinating insurers, utility companies, contractors, valuers, clearance teams, estate agents and conveyancers, often while living some distance from the property.

EstateCare by Harrisons brings these services together through one coordinated point of contact.

Depending on what the estate requires, Harrisons can assist with:

• Probate and estate administration support
• Initial property inspections and condition reports
• Securing vacant properties
• Insurance and utility coordination
• Regular inspections and photographic reporting
• Emergency and routine maintenance
• House clearances and contents management
• Probate valuations
• Cleaning and sale preparation
• Estate agency and buyer management
• Property sales with a 0% seller fee option
• Support through to completion

This joined-up approach helps protect the property while probate is pending, reduces the practical burden on executors and keeps the property progressing towards sale.

Most importantly, it is designed to protect the value of the estate and help ensure that as much money as possible remains available for its beneficiaries.

If you are responsible for a probate property, you do not need to wait until the Grant of Probate is issued before taking action.

Book a free EstateCare consultation or speak to Harrisons Property Solutions about securing, maintaining, preparing or selling the property.

Telephone: 01923 943499
Email: info@harrisons-pcs.com

This article relates to estates and properties in England and Wales. It is provided for general information and should not be treated as legal advice. The availability and terms of the 0% seller fee option depend on the property and proposed method of sale.