Buying & Affordability
Can you sell a property after probate?
Yes — the executor (or administrator if there is no will) sells the property as part of administering the estate. They cannot exchange contracts until the Grant of Probate (or Letters of Administration) has been issued by the Probate Registry. Current HMCTS processing times are typically eight to sixteen weeks from application, longer for stopped or complex cases.
The property can be marketed before probate is granted, and offers can be accepted subject to probate. Some buyers will instruct their solicitor and run searches in parallel. Inheritance tax must be paid (or arrangements agreed with HMRC) before the grant is issued where the estate is taxable, per GOV.UK probate guidance.
For empty probate properties, check buildings insurance covers unoccupied periods (most standard policies don't beyond 30 days) and keep the council informed for council tax purposes — many councils give a class F exemption.
What this means in practice
An executor inheriting a 1960s semi in Worcester WR4 from a parent who died in February applies for probate in March. The estate is worth £620,000 (above the £500,000 residence nil-rate band combined threshold for direct descendants) so IHT of roughly £24,000 is due before the grant issues. The executor pays IHT in July using the Direct Payment Scheme drawing on the deceased's NS&I bond. Grant arrives in August. The property, marketed since April at £325,000, exchanges in September and completes in October — eight months from death to completion, of which probate processing was the gating step.
Related questions
Do executors pay capital gains tax on a probate sale?
Yes, on any gain between the probate value (the value declared in the IHT return) and the sale price net of disposal costs, less the estate's annual CGT allowance (£3,000 for 2024-25). Residential CGT is 24% for higher-rate exposure. Executors can negotiate the probate value upward with HMRC if they suspect undervaluation will create a CGT liability later. Where beneficiaries inherit the property and sell themselves, their personal CGT allowance and rates apply, often producing a better outcome than selling within the estate.
What is the council tax position on a probate property?
Class F exemption: full council tax exemption while the property remains unoccupied and ownership has not transferred from the deceased. The exemption ends six months after the grant of probate is issued, after which the standard empty property charge applies — often a 100% premium after two years and 200% after five under the Local Government Finance Act 1992 as amended. Notify the council of the grant date promptly; some apply backdated charges if not informed.
Related reading
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