Selling a Property After Probate: The Complete UK Guide for 2026

Yes — you can sell a property after probate. The executor named in the will (or the administrator if there is no will) takes legal control of the property once HMCTS issues the Grant of Probate or Letters of Administration. From that point the property can be transferred to a buyer in the normal way, with the Grant acting as proof of authority for HM Land Registry. In 2026 the average wait for a digital grant is around 8 to 12 weeks.

The legal route from death to completion

Selling a probate property follows a defined sequence, and skipping any of it will hold up completion:

1. Register the death and locate the will. The executor named in the will has authority to act. With no will, the next of kin applies for Letters of Administration under the intestacy rules.
2. Value the estate and report inheritance tax. An IHT400 (or the simpler IHT205-equivalent for excepted estates) goes to HMRC. IHT must be paid before probate is issued for taxable estates — see GOV.UK Inheritance Tax.
3. Apply for the Grant of Probate. Online applications via GOV.UK Apply for Probate are the normal route. The fee is £300 for estates over £5,000.
4. Update HM Land Registry. The deceased's name is replaced on the title using form DJP and the Grant — see HM Land Registry Update property records guidance and Practice Guide 6.
5. Sell or transfer. The executor signs the TR1 transfer deed at completion in their capacity as personal representative.

How long does probate take in 2026?

The latest HMCTS Family Court Statistics show digital probate applications are typically issued within 8 to 12 weeks. Paper applications and stopped cases (where the registry needs more information) can take 4 to 6 months. The biggest delays are caused by:

• Inheritance tax not being settled before the application is submitted
• Missing or contested wills
• Foreign assets or beneficiaries that need additional documentation
• Errors on the IHT400 that trigger HMRC queries

Can you market the property before probate is granted?

You can list and accept offers, but you cannot complete. In practice, three things are normal:

• Marketing immediately. Estate agents will list the property and conduct viewings. Buyers must be told probate is pending — material information rules under the National Trading Standards Estate Agents Team guidance require this.
• Exchange subject to probate. Some conveyancers will draft contracts with a long-stop completion date, conditional on the Grant being received. This is uncommon and most buyers prefer to wait.
• Hold the offer until grant. The most common path. Buyers reserve the property, surveys and searches happen in parallel, then exchange and completion follow within weeks of the Grant landing.

Inheritance tax and the property value

The probate value of the property is the open-market value at the date of death. This figure feeds two calculations:

• Inheritance tax. Estates above the £325,000 nil-rate band, plus the £175,000 residence nil-rate band where the home passes to direct descendants, are taxed at 40% on the excess. See GOV.UK Inheritance Tax.
• Capital gains tax base. If the property sells later for more than the probate value, the estate or the beneficiary pays CGT on the uplift. Selling close to the probate value, or shortly after the Grant, normally avoids CGT entirely.

For taxable estates, an HMRC valuation from the District Valuer is sometimes used to challenge the probate figure. A formal RICS Red Book valuation at the date of death is the strongest defence against this.

Empty property: insurance, council tax and security

Most probate properties stand empty for several months. That triggers practical issues that catch executors out:

• Insurance. Standard buildings policies usually lapse after 30 to 60 days unoccupied. Switch to an unoccupied-property policy as soon as possible — uninsured fire or escape-of-water during the void can wipe out the estate's value.
• Council tax. A Class F exemption applies for up to 6 months from the date of death where the property remains unoccupied and no one has acquired ownership. After that, the standard rate applies, and a 100% empty premium can apply after 12 to 24 months depending on the council.
• Utilities. Notify suppliers, take meter readings on the date of death, and keep heating ticking in winter to prevent burst pipes.

HM Land Registry: the title transfer

Before the property can be sold, HM Land Registry needs to know that the named proprietor has died. Two routes exist:

• Sell directly out of the estate. The executor signs the TR1 as personal representative. The Grant is lodged with the application. This is the standard route and avoids a double registration fee.
• Assent to the beneficiary first. If a beneficiary is keeping the property, an Assent (form AS1) transfers it into their name. They then sell as the new registered proprietor. This costs an extra registration fee.

Practice Guide 6 from HM Land Registry covers the document checklist for both routes.

What to do now: a checklist for executors

1. Register the death and obtain certified copies of the death certificate.
2. Notify HMRC, the deceased's bank, and the buildings insurer within the first week.
3. Switch to an unoccupied-property insurance policy.
4. Apply for a Class F council tax exemption with the local authority.
5. Get a RICS Red Book valuation if the estate is likely to be taxable.
6. File the IHT400 and pay any tax due.
7. Apply for the Grant of Probate via GOV.UK.
8. Instruct a conveyancer who has handled probate sales — the TR1 and Grant submission have non-standard fields.
9. Market the property with agents who have been briefed that probate is pending.

Frequently asked questions

Can you sell a property before probate is granted?

You can market the property and accept an offer before the Grant of Probate is issued, but you cannot legally complete the sale until the Grant has been received. Most buyers and conveyancers will exchange contracts subject to probate being granted, with completion deferred until the document is in hand. HM Land Registry will not register the transfer without it.

How long does probate take in 2026?

Standard digital probate applications are taking around 8 to 12 weeks from submission to grant in 2026, according to HMCTS family court statistics. Stopped applications can take 6 months or more. Estates requiring inheritance tax to be paid first add additional time because IHT400 must be processed by HMRC before probate can be issued.

Do you pay capital gains tax on a probate property sale?

The estate pays Capital Gains Tax only on any increase in value between the date of death (the probate value) and the sale price. If the property is sold quickly at the probate value, there is usually no CGT. If beneficiaries inherit and then sell later, their base cost is the probate value, and any later gain is taxed at their personal CGT rate.

Who pays the bills on a probate property?

The estate pays the council tax, utilities, and insurance until completion. Empty probate properties often qualify for a Class F council tax exemption for up to six months from the date of death. Buildings insurance must be kept active — many standard policies lapse after 30 days unoccupied, so a specialist unoccupied property policy is normally needed.

Can the executor sell the property without all beneficiaries agreeing?

Yes. The executor has the legal authority to sell the property as part of administering the estate, and beneficiaries cannot block a sale at market value. Beneficiaries can challenge the sale price if they believe the property has been undersold — a written valuation from a RICS surveyor protects the executor from this risk.

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Sources and references

• GOV.UK — Applying for Probate
• GOV.UK — Wills, Probate and Inheritance overview
• GOV.UK — Inheritance Tax
• HMCTS — Family Court Statistics Quarterly Oct-Dec 2025
• GOV.UK — Update property records when someone dies
• HM Land Registry — Practice Guide 6: Devolution on death

Related reading

• FAQ: Can you sell a property after probate?
• What is conveyancing? Step-by-step UK guide
• Conveyancing Milestone Tracker