selling

Do you need probate to sell a house, and can you list it before the grant arrives?

Do you need probate to sell a house? Usually yes, unless it passes to a joint owner. See who has authority and what you can do before the grant arrives.

4 min read
Last reviewed 4 November 2026
By Your Property Check team

Part 1 of 8

The short answer

General information, not advice. Do you need probate to sell a house? Usually, if the person who died owned it alone. GOV.UK describes probate as the legal right to deal with someone's property, money and possessions. It says you might need to apply for probate before you can deal with the property, and it advises that you should not make any financial plans or put property on the market until you have got probate. We read the GOV.UK pages on 4 November 2026. They do not say that listing a property early is a criminal offence, and they do not explain whether a buyer can exchange contracts before the grant, so ask the solicitor handling the estate before you take any step on a sale.

Part 2 of 8

Who has authority to sell

With a will: GOV.UK says the executors named in the will can apply for probate.
Without a will: the closest living relative can apply.
Joint ownership: GOV.UK says you may not need probate where the person owned property as joint tenants, because it passes automatically to the surviving owners. If the house was owned as tenants in common, the deceased person's share does not pass that way, and our guide to tenants in common and joint tenants explains the difference.

Every organisation has its own rules about when it asks for a grant, which is why a solicitor's advice is worth having early. Our guide to selling a house in probate walks through the whole process.

Part 3 of 8

What you can and cannot do at each stage

Stage	What you can do	What you cannot do yet
Before you apply	Gather the will, estimate the value of the estate and find out whether Inheritance Tax is due	Apply for probate if Inheritance Tax is due and the value has not yet been reported on form IHT400
Application sent	Wait for the decision. GOV.UK says probate is usually granted within 12 weeks of the application, longer if more information is needed	Treat the house as yours to market or sell, because GOV.UK advises waiting for probate
Grant issued	Start the sale with the grant in hand and your solicitor's guidance	Distribute the estate until debts and taxes are paid

Part 4 of 8

Why a buyer cares

A buyer and their mortgage lender want to know that the person signing the contract has the legal right to sell. GOV.UK defines probate as that right to deal with the property, which is why its advice is to wait for it. In practice this means marketing a house during the wait can attract interest you cannot yet act on, and a buyer may lose patience or move on. If you decide to prepare the house for sale while you wait, keep the work to practical steps and avoid promising a completion date.

Part 5 of 8

Inheritance Tax and the one-year point

GOV.UK says you must estimate the value of the estate first. If Inheritance Tax is due, the value must be reported on form IHT400 within one year, and you cannot apply for probate until you have done this. Even with no tax to pay, you still need the estimate for the application. Debts and taxes must be paid before the estate is distributed. Our guide to inheritance tax on a house covers the thresholds.

Part 6 of 8

How long will it take?

GOV.UK states that probate is usually granted within 12 weeks of the application, and that paper applications take longer than online ones. We do not state any other timing here. For an estimate of the whole process, use our probate timeline tool and read how long probate takes.

Part 7 of 8

What if someone objects?

GOV.UK says someone can challenge a probate application before it is granted by entering a caveat. If you think this might happen, tell your solicitor, because it affects when a sale can go ahead.

Part 8 of 8

A sensible order

Confirm who owns the house and how, using the title.
Check whether there is a will and who the executors are.
Estimate the estate and decide whether Inheritance Tax is due.
Apply for probate, using form PA1P with a will or PA1A without one.
Talk to your solicitor and an estate agent about preparing the house while you wait, for example clearing and valuing it, without making commitments to a buyer.
Sell once you have the grant and your solicitor confirms who signs.

Our wider guide to selling inherited property covers tax and costs after the sale. While you wait, our free house value check shows a range from real sold prices in the postcode. This page is general information, not advice.

Our take

Do not market the house until probate is sorted

GOV.UK says not to put the house on the market until you have probate, and we agree. A buyer's solicitor will want to see who has authority to sign. The common mistake is to assume joint ownership or a quick grant, so check the title first, then use the wait to prepare the house, not to commit to a buyer.

What Your Property Check adds: while the application is with the court, our free house value check gives an honest value range from real HM Land Registry sold prices in the postcode, with the comparable sales and the working shown. It helps you plan, with no email or phone needed.

Check my value

Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

Do you need probate to sell a house?

Usually, if the person owned the house alone. GOV.UK says you might need probate before you can deal with the property. If it was owned jointly as joint tenants, it passes to the survivor and probate may not be needed.

Can you put a probate house on the market before the grant?

GOV.UK says you should not put property on the market until you have probate. It does not make early listing an offence, so ask the estate's solicitor before you do anything.

When can you exchange?

The GOV.UK pages we read do not say when exchange can happen. Because they advise waiting for probate, the safe approach is to exchange only once you hold the grant and your solicitor confirms who can sign.

Who has authority to sell?

With a will, the executors named in it can apply for probate. Without a will, the closest living relative can apply. Your solicitor can confirm who signs the sale documents.

What if there is no will?

GOV.UK says the closest living relative can apply for probate. The application uses form PA1A where there is no will, and the estate is distributed as the law sets out.

Where this comes from

Sources

Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.