Losing someone close to you is never easy, and dealing with their estate can add to the stress. If a property is involved, you're probably wondering whether you can sell it before probate is granted, and how to make this as smooth as possible.
You cannot legally sell a house before probate is granted. The process usually takes 6 to 12 months, but you can market the property while waiting. The main exception is if you were a joint owner, in which case you can sell immediately.
With Compare My Move, you can start preparing now. We help you compare trusted conveyancers, so you’re ready to move forward as soon as probate is granted, saving you time and money.
Below, we'll explain in detail why you can't legally sell a house before probate, what steps you can take while waiting, and the main exceptions to be aware of.
Understanding Probate
Probate is the legal term for administering a deceased person's estate (all their money, property, and possessions).
When there's a will, the person responsible for this is called an executor, and they're called an administrator when there isn't one.
This person applies for a grant of representation to distribute assets according to the terms of the will or the rules of intestacy if there is no will.
In some cases, probate is not required and assets can be distributed immediately. This is primarily for estates worth less than £5,000.
Read more on what is probate?
Why You Can't Sell a House Before Probate
Until probate has been granted, no one has the legal authority to transfer ownership of the property. Probate legally empowers the executor or administrator to manage and sell the deceased person's assets.
While you can market the property, conduct viewings, and accept conditional offers during probate, the actual conveyancing process (exchanging contracts and transferring ownership) cannot be finalised until the Grant of Probate is received.
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What You Can Do Before Probate Is Granted
Probate typically takes between 6 to 12 months to complete in the UK, but you don't have to do nothing during this period. Here are proactive steps you can take to ensure everything is prepared for when probate is granted:
Arrange Probate House Insurance
Something else you should do early on is get probate house insurance, also known as unoccupied house insurance. Many home insurances end when the policyholder dies, therefore you must protect the property and the contents within by taking out a new policy. What is contained within the policy depends on whether you take out a basic or extended cover.
Get the Property Valued
If you have already applied for probate, you will have completed this as part of your probate valuation. If you have not applied yet, this will be the first step in the selling process. An RICS valuation will provide an accurate reflection of the property's worth, rather than an often inflated asking price set by the estate agent. It will be helpful from an HMRC perspective as well.
Prepare Belongings
Probate takes between 6 and 12 months in the UK to be granted. This gives loved ones time to sort through belongings and decide what should be done with them, before selling the property.
Prepare Documentation
You'll need to prepare some documentation to sell the property, including the Energy Performance Certificate (EPC). An EPC is required when selling a property and is valid for 10 years. If the previous owner did not have one, you will likely need to get one before selling.
Maintain the Property
Before and after marketing the property, you should keep the property maintained. You can do this by regularly checking on the property, ensuring all the utilities are functioning as normal and even carry out some gardening activities if necessary.
Market the Property
All probate properties can be valued and marketed before a Grant of Representation is approved.
Conduct Viewings
On the other hand, administrators can only hold viewings. They cannot start the conveyancing process until they receive the Grant of Letters of Administration.
Accept Conditional Offers
Executors awaiting a Grant of Probate can accept an offer on the property but they will not be able to exchange contracts. This can be useful as all necessary searches and negotiations can be carried out while awaiting the Grant of Probate approval.
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In all cases, when valuing and putting a property on the market before probate, this must be declared to the estate agent and prospective buyers. This helps all parties understand the advanced timeline involved.
Read more on How Long Does Probate Take in the UK?
Exceptions: When You Can Sell a Property Without Probate
As discussed, there are a couple of exceptions when selling a probate property:
Property Owned as Joint Tenants
Joint tenants have equal ownership in a property. Therefore, if the deceased was a joint tenant, the surviving owners have the authority to sell the property without probate. This includes the surviving spouse if the deceased was married.
When dealing with joint tenants, the legal process follows the rules of survivorship which is separate from probate. This means that they only have to submit the deceased’s Death Certificate for ownership to be transferred.
Property Held in Trust
Properties that are held in trust are owned by that trust rather than the deceased individual. Trustees will be assigned with up to 4 being designated. Probate is not required with trusts, but specifically with regards to the following:
- If the deceased’s entire estate is in a trust
- If a trustee is allowed to act on behalf of a beneficiary
There are also some situations where probate isn't necessary but agreement between parties may be necessary:
- If there is more than one trustee, all trustees must agree to the property sale
- Those wanting to sell the property can buy the other trustees out.
- With one trustee, they have the right to sell the property without conferring with other parties
If you are unsure it's always best to hire a conveyancer for legal advice.
How to Find a Conveyancer
If you are an executor of a will waiting for your grant of probate, you can hire a conveyancer to help you with the probate house-selling process. They will conduct the conveyancing searches and begin to prepare the legal document. This should make the process seamless once you have the grant.
Compare My Move can connect you with up to 6 conveyancers in the local area, helping you to save on your conveyancing costs. All our conveyancing partners have passed our strict verification process for your peace of mind. Which includes being regulated by one of the following:
Solicitors Regulation Authority (SRA)
Council for Licensed Conveyancers (CLC)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Chartered Institute of Legal Executives (CILEX)
Looking for a RICS Surveyor?
You may be at the start of the probate process and would like a property valuation. Fill in our integrated conveyancing and surveying comparison form to get connected today.
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FAQs
Can an executor sell the property?
Yes, an executor can sell the property if they wish to do so. They can do so without permission from anyone else, as it is their duty to act in the interest of the estate as well as the beneficiaries.
For example if the value of debts or tax liabilities is greater than the value of the cash assets, then they may be forced to sell the property to cover those debts. They cannot however, sell the property for personal gain or against terms set within the will.
Can you live in a probate property that is being sold?
Yes, if you find it easier to maintain the property by living in it, you can. However, you must seek authorisation beforehand from the executor and the other beneficiaries to do so. You will be responsible for council tax liabilities whilst residing at the property.
Who is owner of a probate property?
If the deceased was the sole owner of the property, the executor of the will or administrator manages it until probate has been granted. If the owner was a tenant in common, the executor or administrator manages their share of the property, which forms part of their estate.
