01202 836 215
Selling property

Selling a probate property: a step-by-step guide for executors

By Summit Land & Development6 min read
The short answer

As an executor you'll usually need a grant of probate before a house in the deceased's sole name can be sold, but you can prepare everything else first. Value the property, insure it properly while it's empty, deal with any Inheritance Tax, apply for the grant, then choose a buyer who can work to the probate timetable. Keep the beneficiaries informed at each step.

Midland Road, Winton: a probate property bought for cash and refurbished (a Summit project)

Step 1: check whether you need probate to sell

If the house was in the deceased's sole name, or they owned a share as ‘tenants in common’, the executor (or administrator if there's no will) will usually need a grant before it can be sold. If it was owned jointly as ‘joint tenants’, it normally passes straight to the surviving owner, who can sell it without one.

Source: Applying for probate (GOV.UK)

Step 2: secure and insure the property

Tell the insurer that the owner has died and that the house is empty. Many policies have conditions for unoccupied homes, such as regular inspections or draining down the water. Redirect post, take meter readings and make sure the house is locked and checked.

Step 3: get a date-of-death valuation

You need a value for the house at the date of death for the estate's paperwork and any Inheritance Tax. Use a professional valuation and keep the evidence: it also becomes the ‘probate value’ used if Capital Gains Tax applies when you sell.

Step 4: deal with Inheritance Tax

If Inheritance Tax is due, it normally has to be paid by the end of the sixth month after the death, and interest is charged after that. At least some of it usually has to be paid before probate is granted. Banks can often release money from the deceased's accounts directly to HMRC, and tax on property can sometimes be paid in instalments.

Source: Pay your Inheritance Tax bill (GOV.UK)

Step 5: apply for the grant

You can apply online or by post. GOV.UK says you should usually get the grant within 12 weeks of applying, and it can take longer for paper applications or if there are questions about the will.

Source: After you've applied for probate (GOV.UK)

Step 6: decide how to sell

You can market the house and agree a sale while you wait for the grant, but you can't complete until you have it. That means the buyer has to be able to wait. Our article can you sell a house before probate is granted? covers exactly what can and can't happen in that period.

RouteStrengthsWatch for
Estate agentBest chance of the highest price for a house in good orderFees, time, chains and mortgages failing while you wait for the grant
AuctionFixed timescale once the gavel fallsFees for both sides, and buyers need the grant in place to complete on time
Cash buyerTakes the house as it is, contents too by agreement, and fits the probate timetablePrice reflects speed and certainty, so compare with an agent's valuation

Step 7: tax on the sale

If the house sells for more than its probate value, the estate may owe Capital Gains Tax on the gain, and there are reporting deadlines for UK residential property. If it sells for less, the estate may be able to claim a loss. HMRC's helpsheet HS282 explains how this works for personal representatives.

Source: Capital Gains Tax when someone dies, helpsheet HS282 (HMRC)

Worth knowing

Executors have a duty to get a fair price for the estate. Keep a record of valuations and offers so you can show beneficiaries how you reached your decision.

Local examples

At Midland Road in Winton, probate sellers came to us through a partner agent wanting a quick cash sale with no fuss, and the deal concluded within weeks. At Argyll Road in Boscombe Spa, a freehold block of three flats came to us as a probate deal needing a quick exchange with a delayed completion.

Executor checklist for the house

  • Find the title deeds or ask a solicitor to download the title from HM Land Registry.
  • Tell the insurer, the council (for council tax), the utility companies and the water company.
  • Keep a log of who has keys and when the house is checked.
  • Collect any guarantees, certificates and planning or building control approvals.
  • Keep copies of every valuation and offer, with the date and who gave it.
  • Decide, with the family, what happens to the contents and when.

A tidy file of documents speeds up the legal work once a buyer is found, and it shows beneficiaries how decisions were made.

Common mistakes executors make

  • Leaving the house uninsured or under-insured while it's empty.
  • Agreeing a completion date before the grant arrives. Nobody can promise a date until the grant is in hand.
  • Choosing the highest offer without checking the buyer. A buyer who needs to sell first, or whose mortgage depends on a valuation of a dated house, may not be able to proceed.
  • Forgetting tax on the sale. If the house sells for more than its probate value, Capital Gains Tax may be due and there are reporting deadlines.
  • Not keeping beneficiaries informed, which is how most family disputes start.

Source: Report and pay Capital Gains Tax on UK property (GOV.UK)

Worth knowing

If you live a long way from Bournemouth or Poole, a local buyer who can arrange access and deal directly with the estate's solicitor can save you many trips.

Typical timeline for an estate property

StageTypical timing
Secure, insure and value the houseFirst few weeks
Inheritance Tax, if dueBy the end of the sixth month after the death, to avoid interest
Apply for the grantAfter the estate is valued; GOV.UK says usually within 12 weeks of applying
Market and agree a saleCan start before the grant
Exchange and completeOnce the grant has arrived; weeks with a ready buyer

Source: Pay your Inheritance Tax bill (GOV.UK)

Choosing a buyer as an executor

Executors have to act in the interests of the estate. That usually means a fair price, but it also means weighing risk, time and cost. A slightly lower offer from a buyer who can complete as soon as the grant arrives may be the better choice for the estate if the alternative is months of bills on an empty house and a buyer whose mortgage depends on a valuation.

Record the offers you received and why you chose the one you did. If a beneficiary later asks, you can show the decision was considered and reasonable.

What to do next

If you're an executor for a house or flat in Bournemouth, Poole, Christchurch or nearby, we're happy to talk it through at any stage, even before you've applied for probate. See our probate property page.

Questions we're often asked

Can an executor sell a house below market value?

Executors should aim for a fair price for the estate. A quicker sale at a lower price can be reasonable, for example to avoid costs or risks, but keep evidence of your decision.

Do all the beneficiaries have to agree to the sale?

The executors make the decision, but keeping beneficiaries informed reduces the chance of disputes.

Can I sell the house with the contents still inside?

Yes, some buyers, including us, will agree to take a house with contents left in it.

Who pays the bills on an empty probate house?

The estate pays ongoing costs such as insurance, council tax and utilities until the sale completes.

Can I live in or rent out the house while probate is going through?

It depends on the will and the family's agreement, and on insurance. Take advice from the estate's solicitor before anyone moves in or lets it.

Selling propertyGet a cash offer, on your timetable

We buy houses and flats across Bournemouth, Poole and Christchurch in any condition, with our own funds. No chain, no mortgage.

Sources

Rules and timings change. We check our articles regularly; always confirm current guidance for your own situation.

Get new insights by email

Two practical articles a week, on Tuesdays and Thursdays, about selling property and land in Dorset and Hampshire. No spam; unsubscribe any time.

Land or property to sell? Let's talk.

01202 836 215