Can You Sell a Property Before Probate in England?

Can property be sold before probate?

When a loved one passes away, one of the first practical questions that often arises is what happens to their property and whether it can be sold before probate is granted. It’s a common query, especially when families want to move things forward quickly. However, the process around probate and selling property is more complex than many people realise.

What Is Probate?

Probate is the legal process of proving that a will is valid and confirming who has authority to deal with the deceased person’s estate (their property, money, and possessions). Once probate is granted, the named executor(s) or administrator(s) can legally sell, transfer, or distribute assets.

In cases where there is no will, a similar process applies but it’s called “letters of administration”, and the person managing the estate is referred to as the administrator rather than the executor.

Can You Sell a Property Before Probate Is Granted?

You can’t complete the sale of a property before probate is granted, but you can begin the process.

Here’s how it works:

• You can market the property and even accept an offer: Estate agents can list the property, and buyers can make offers while the probate application is in progress.

• You can’t exchange contracts or complete the sale until probate is granted.: The legal ownership of the property still rests with the estate, so you need the official grant of probate (or letters of administration) to transfer it legally to the buyer.

  
  

In short, marketing is fine but completion must wait.

Why You Might Want to List the Property Early

Many executors choose to start marketing the property before probate comes through. Here’s why it can be beneficial:

• To avoid market delays: Probate can take several months, but advertising the property early means you’re ready to proceed as soon as the grant arrives.

• To gauge interest and value: Getting offers early can help guide financial decisions about the estate.

• To reduce holding costs: Empty properties still incur bills such as council tax, insurance, maintenance, so moving forward quickly can ease the financial burden.

However, transparency with buyers is crucial. They need to know that the sale depends on probate being granted and that completion times may vary.

How Long Does Probate Take?

Probate usually takes around 8 to 12 weeks once the application has been submitted, but this can stretch to several months depending on the complexity of the estate or if there are any disputes.

To speed things up:

• Ensure all necessary paperwork (including the will, death certificate, and property valuation) are ready.

• Pay any inheritance tax due, as delays often arise here.

• Apply for probate online if eligible, it’s typically faster than paper forms.

  
  

Can You Exchange Contracts Before Probate?

Technically, no, you can’t exchange contracts until probate is granted. Some solicitors might allow a “conditional exchange,” where contracts are exchanged subject to probate being granted, but this approach is rare and risky. Most buyers (and mortgage lenders) won’t proceed under such terms.

What Happens If the Property Is in Joint Names?

If the property was jointly owned, it depends on the type of ownership:

• Joint Tenants: The deceased’s share automatically passes to the surviving co-owner. Probate is not required for that property.

• Tenants in Common: The deceased’s share passes according to their will (or intestacy rules), and probate will be needed before that share can be sold.

  
  

Key Takeaways

• You can list and accept offers on a property before probate.

• You can’t exchange or complete the sale until probate is granted.

• Probate usually takes several months so plan accordingly.

• Be upfront with buyers and agents to avoid confusion or frustration.

  
  

Selling a property during probate can feel like a long process, but understanding the rules helps avoid delays and disappointment. If you’re an executor or family member managing an estate, it’s worth getting advice from a solicitor experienced in probate sales, as they can handle paperwork, liaise with estate agents, and make sure everything runs smoothly.