Selling a House in Probate: What the Executor Does and When

Selling a house after someone has died: the short answer

GOV.UK describes probate as the legal right to deal with someone’s property, money and possessions, their estate, when they die. An executor sells the house. If there is no will, GOV.UK says the closest living relative can apply to deal with the estate.

GOV.UK tells people not to put a property on the market until they have probate, and the buyer’s conveyancer will ask for a copy of the grant of probate. GOV.UK says you will usually get probate within 12 weeks of submitting your application. Build that wait into any plan to sell.

Who can sell a probate property

If there is a will, the executors named in it can apply for probate. If there is no will, the closest living relative can apply. Where more than one executor is named, GOV.UK says they must all agree who makes the application for probate.

Can you sell a house before probate is granted?

GOV.UK says you should not make any financial plans or put property on the market until you have got probate. The buyer’s conveyancer will ask for an official copy of the grant of probate or letters of administration, so have it ready before you accept an offer.

The Law Society’s FAQ for solicitors says an executor has the power, before obtaining probate, to contract to sell. That page is dated 2 October 2017 and GOV.UK’s advice is still to wait, so treat a sale before the grant as a question for your solicitor.

How long does probate take?

GOV.UK says you will usually get probate within 12 weeks of submitting your application, and that it can take longer if you need to provide additional information. A solicitor or other probate practitioner can apply for you.

Marketing and sale preparation cannot replace that wait. Use it to value the property, gather the paperwork and speak to your solicitor about how the Inheritance Tax payment will be funded.

Get the value on the date of death

GOV.UK says to find out or estimate the value of each asset on the date the person died, and the list of assets includes their home. That figure drives the Inheritance Tax calculation.

HMRC’s helpsheet for personal representatives (HS282) says the assets pass to them at their market value on the date of death, and that HMRC will contact personal representatives with details of any Capital Gains Tax due and how to pay it. Ask your solicitor or a tax adviser which return and deadline apply to your sale. If the house sells for more than its date-of-death value, that helpsheet is the place to check how a gain is treated.

Inheritance Tax and the six-month deadline

GOV.UK says Inheritance Tax must be paid by the end of the sixth month after the person died, so a death in January means payment by 31 July. HMRC charges interest if the bill is not paid by the due date.

GOV.UK also says you usually need to make a payment towards any Inheritance Tax before you can get the grant, and that you can ask to postpone payment if you cannot release estate funds. Because a sale normally follows the grant, ask your solicitor how the first payment will be funded.

Council Tax and empty properties

GOV.UK says that if you are selling a property on behalf of an owner who has died, you do not need to pay Council Tax until after you get probate, as long as the property remains empty. After probate is granted you may get an exemption for another six months if the property is unoccupied and still owned by the person who died.

Citizens Advice says to make sure the home stays insured and keeps basic utilities such as electricity and water. Check the policy’s wording on empty homes with the insurer.

Once there is an offer

GOV.UK’s selling guide says an offer is not legally binding in England and Wales until contracts are exchanged. The conveyancer then handles the legal work, and at completion pays off any mortgage and fees and sends the balance to the seller, which here is the estate.

The buyer’s conveyancer will ask for an official copy of the grant of probate or letters of administration. Have it ready before you accept an offer, so the legal work can start straight away.

If you want a quick sale

The same checks apply to a probate sale as to any quick sale: proof of funds, written timescales and a solicitor you instruct yourself. Our probate property page covers the cash route, how much cash buyers pay covers the discount, and questions to ask a cash house buyer lists the checks. Even a cash buyer’s conveyancer will want to see the grant. For the three fast routes, see how to sell a house fast. If the house needs work, see selling a house as is. If you would rather keep the house as a let, see whether it is worth renting out and the costs of renting out a house. Anyone promising a seven-day sale of a probate property still needs the grant first: see can you sell a house in 7 days.

FAQ

What does selling a house in probate mean?

GOV.UK describes probate as the legal right to deal with someone’s property, money and possessions, their estate, when they die. Selling a house in probate means the executor sells it as part of dealing with the estate.

Can you sell a house before probate is granted?

GOV.UK says not to put a property on the market until you have probate, and a buyer’s conveyancer will ask for a copy of the grant. The Law Society’s FAQ says an executor has the power to contract to sell before obtaining probate, so take your solicitor’s advice before you try.

How long does probate take?

GOV.UK says you will usually get probate within 12 weeks of submitting your application. It can take longer if you need to provide additional information.

Who can sell a house in probate?

The executors named in the will. If there is no will, GOV.UK says the closest living relative can apply to deal with the estate.

When is Inheritance Tax due on a house?

GOV.UK says Inheritance Tax must be paid by the end of the sixth month after the person died. HMRC charges interest if it is not paid by the due date.

Do I pay Council Tax on a house in probate?

GOV.UK says that if you are selling a property on behalf of an owner who has died, you do not need to pay Council Tax until after you get probate, as long as the property remains empty. A further six months’ exemption may apply after probate is granted.

Sources and when we checked them

Every figure and rule on this page comes from the sources below, read on 2026-11-14. The date next to each source is the “last updated” date the publisher shows. Rules and thresholds change, so check the source before you rely on a detail.

• GOV.UK: Applying for probate Updated 8 November 2024. Who can apply, and not marketing the property before probate.
• GOV.UK: Apply for probate Updated no date shown. Probate usually granted within 12 weeks.
• GOV.UK: If there is a will Updated no date shown. Executors must agree who applies.
• GOV.UK: Estimate the value of the estate Updated no date shown. Valuing the home at the date of death.
• GOV.UK: Paying Inheritance Tax Updated 31 December 2024. Six-month deadline, interest, payment before the grant.
• HMRC: HS282 Death, personal representatives and legatees Updated 6 April 2026. Date-of-death market value and how HMRC contacts personal representatives.
• GOV.UK: Council Tax, second homes and empty properties Updated no date shown. No Council Tax until probate, then a six-month exemption.
• GOV.UK: Update property records when someone dies Updated 22 January 2015. The buyer needs an official copy of the grant.
• GOV.UK: Selling a home Updated no date shown. Offers are not binding until exchange; the conveyancer’s role.
• Law Society: Can an executor dispose of the deceased’s property before grant of probate? Updated 2 October 2017. An executor’s power to contract to sell before the grant.
• Citizens Advice: What to do after a death Updated no date shown. Keeping the home insured and the utilities on.
• GOV.UK: Selling a property for someone else Updated no date shown. What probate is, in GOV.UK’s words.