selling

Selling a house in probate: what executors need to know

Selling a house in probate in England and Wales: who can sell, why GOV.UK says wait for the grant, how long probate takes, and the tax to check first.

3 min read
Last reviewed 30 October 2026
By Your Property Check team

Part 1 of 7

Who can sell

A person who has died leaves a personal representative: the executor named in the will, or an administrator if there is no will. GOV.UK says that if there is a will, the executors named in it can apply for probate. With no will, the closest living relative can apply. GOV.UK describes the personal representative as legally responsible for the money, property and possessions of the person who died until everything has passed to the beneficiaries. Selling property is one of the jobs it lists. This guide covers England and Wales. We read the GOV.UK pages on 30 October 2026.

If there are several executors, GOV.UK suggests agreeing between you which assets to sell and when.

Part 2 of 7

Do you always need probate?

Not always. GOV.UK says each organisation has its own rules, and that you may not need probate if the person held savings only, or owned property jointly with others, which usually passes to the surviving owners. For a house held in the sole name of the person who died, ask a solicitor whether you need the grant, because the title decides it.

Part 3 of 7

Can you put the house on the market before probate?

GOV.UK says: you should not make any financial plans or put property on the market until you have probate. That is the official advice, and we repeat it. You can use the wait to do preparation that does not commit the estate, such as arranging a valuation, gathering the paperwork, and checking the position with a solicitor. Do not agree a sale or take a deposit until your solicitor confirms you can.

Part 4 of 7

How long it takes

Several steps come first:

Estimate the value of the estate and find out whether Inheritance Tax is due.
If tax is owed, GOV.UK says you must report the value using form IHT400 within one year of the death, and that you cannot apply for probate until you have done this. You must also start paying any tax owed.
Apply for probate. GOV.UK says you will usually get probate within 12 weeks of submitting your application, and it can take longer if you need to send more information.
List the house, find a buyer and complete the legal work. Our guide to how long conveyancing takes covers this stage.

Our probate timeline tool lays out the steps and the dates GOV.UK gives.

Part 5 of 7

Tax to check before you sell

Inheritance Tax

GOV.UK says there is normally no Inheritance Tax to pay if the estate is below the £325,000 threshold, and that the threshold can rise to £500,000 if the home is left to children or grandchildren. The standard rate is 40% on the part above the threshold. You must pay by the end of the sixth month after the death to avoid interest. The estate pays the tax, not the buyer. Use the Inheritance Tax checker for a first look.

Capital Gains Tax

Personal representatives pay Capital Gains Tax on gains from selling property in the estate. GOV.UK says trustees or personal representatives pay tax at 24% from 6 April 2026. How the gain is worked out for an inherited home is covered in our guide on selling an inherited property, and the Capital Gains Tax calculator lets you test a sale. Take advice, because the rules differ if a beneficiary sells after the house is transferred to them.

Part 6 of 7

Open market or cash buyer?

	Open market sale	Cash buyer
Price	Aims for the full market value	Often offers less than market value. We give no figure, as no official source does
Speed	Depends on viewings, buyers and the chain	Can be quicker, but no one can promise a date
Certainty	A buyer's mortgage or chain can fall through	Fewer moving parts, but check the buyer's funds and terms

If the family wants to sell quickly, compare a written valuation with any cash offer, after probate is granted. The inherited property options tool compares the routes. For a first range from sold prices, try our house value check.

Part 7 of 7

Before you decide

Keep records of every cost, because they are part of the estate accounts. Take legal advice if there is a dispute or if you are unsure of your duties. This page is general information, not legal or tax advice.

Our take

Wait for the grant, but prepare meanwhile

Our view: probate sets the pace, so use the wait. GOV.UK says not to put the property on the market until you have probate, and you will usually get it within 12 weeks of applying. Meanwhile you can arrange a valuation and gather paperwork. Compare any cash offer with a written valuation, after probate is granted.

What Your Property Check adds: the free house value check gives a range from real HM Land Registry sold prices with the comparable sales shown, and the sale method comparison sets sale routes side by side on net proceeds and timescale.

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

Can you sell a house before probate is granted?

GOV.UK advises that you should not put property on the market until you have probate. You can prepare, for example by arranging a valuation and gathering paperwork, but do not agree a sale before your solicitor confirms you can.

How long does probate take before you can sell?

GOV.UK says you will usually get probate within 12 weeks of submitting your application, and it can take longer if more information is needed. Valuing the estate and reporting any Inheritance Tax comes before that.

Who can sell a house in probate?

The personal representative: the executor named in the will, or an administrator if there is no will. With several executors, GOV.UK suggests agreeing between you which assets to sell and when.

Do you pay Capital Gains Tax on a probate property?

Possibly. GOV.UK says personal representatives pay Capital Gains Tax on gains from selling estate property, at 24% from 6 April 2026. Whether a gain arises depends on the value at the date of death and the sale price. Take advice.

Is it better to sell a probate house to a cash buyer?

It depends. A cash buyer can be simpler but often offers less than the open market. Compare any offer with a written valuation, and only sell after the grant is issued and your solicitor agrees.

Where this comes from

Sources

Last reviewed 30 October 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.