Selling a house in probate: The Extra Conveyancing Stages Explained
Selling a property after the registered owner has passed away involves a strict legal procedure known as probate. Whether you are an executor tasked with distributing an estate or a buyer interested in purchasing a probate property, understanding the legal mechanics, specifically the absolute necessity of a Grant of Probate, is essential to avoid costly delays and collapsed property chains.
In this article, we explain what the extra steps in the conveyancing process are, what a solicitor can't ask of the seller, and what the greatest risks are to a buyer purchasing a probate property.
Need further probate help? For more information on estate administration, including guides on selling a property without a will and removing a deceased joint proprietor, visit our comprehensive guide to probate and property.
- You cannot exchange contracts without Authority: Ideally, an executor should have a Grant of Probate or Letters of Administration before marketing the property. While you can accept an offer in advance, you have absolutely no legal authority to sign contracts or complete the sale until the grant is officially issued.
- The survivorship exception: Probate properties cannot be sold without a Grant of Probate unless the property was owned as Joint Tenants and the surviving joint owner is selling under the automatic right of survivorship.
- Timelines and tax: It can take up to 16 weeks to obtain a Grant of Probate. The application can only be submitted once all estate assets and liabilities have been calculated and inheritance tax (IHT) forms have been submitted to HMRC.
- Limited Title Guarantee: Executors can and should answer Do Not Know on property forms for any questions they don't have reliable answers to. Because the seller did not live there, the property is sold with a limited title guarantee (essentially as-is). Prospective buyers must investigate the property's condition themselves using a house survey and thorough property searches.
What is a probate house sale?
Probate is the legal process of administering a deceased person's estate, which encompasses all their money, assets, and property.
A probate house sale occurs when the person selling the property is not the owner-occupier, but rather an executor or administrator who has been granted the legal right to deal with the estate. Because the seller did not personally reside in the property, the conveyancing process requires additional legal documentation and imposes a greater due diligence burden on the buyer.
How do you get the authority to sell a probate property?
Before a property can legally change hands, the estate's representatives must formally obtain the legal authority to administer the deceased's assets. The exact legal document you need to proceed with the house sale depends entirely on whether the deceased left a valid will:
- With a Will (Grant of Probate): If the deceased left a valid will, the named executors must apply for a Grant of Probate. This official document proves to the buyer's solicitor that you have the legal right to sign the property transfer deeds.
- Without a Will (Intestacy): If the deceased died intestate (without a will), the closest next-of-kin must apply for a Grant of Letters of Administration to become the officially appointed estate administrators. Read our complete guide on the Intestacy Rules.
Regardless of whether you require a Grant of Probate or Letters of Administration, the overarching procedure remains the same. You must gather the deceased's assets, obtain a formal RICS property valuation for probate, and submit the correct Inheritance Tax (IHT) forms to HMRC.
You are legally permitted to market the property and accept an offer during this administrative phase. However, your conveyancing solicitor cannot reach the exchange of contracts until the Probate Registry has issued the final grant or letters of administration. Only after this do the executors or administrators have the legal power to sign on behalf of the deceased.
Expert Tip: Small application errors cause massive delays
One of the biggest risks to a probate property sale is having your application stopped by the Probate Registry (HMCTS). While perfectly submitted digital applications can sometimes be granted in just a few weeks, an application containing a single error is immediately moved to the stopped queue, which currently averages a 14-week wait time.
A formal stop pauses your application completely. Common triggers include simple typos (such as a name not matching the death certificate exactly), missing physical signatures, or applying for probate before HMRC has officially cleared your Inheritance Tax (IHT) forms. Instructing a specialist probate solicitor ensures your application is rigorously validated before submission, preventing these administrative errors from collapsing your property chain.
We have a probate team at SAM Conveyancing to support the administration of the estate and the sale of a probate property. Get in contact with us today on 0333 344 3234, emailhelp@samconveyancing.co.uk, or Ask a Question.
Partner & Conveyancing Solicitor
Tips for buying and selling a house in probate
Here are some unique tips for buyers and sellers during the conveyancing process:
Tips for buying a house in probate
You're not dealing with the previous owner, but the person administering their estate. Unless the deceased had everything in order before they passed away, you may find that lots of information about the property has been lost.
You should be compassionate with the seller, who is grieving, and be patient as probate house sales can run into delays.
Grant of Probate
When someone dies, their house cannot be sold until the grant of probate. You can't speed up the seller's application, but you can ask the estate agent early on if they have a grant of probate.
If yes, then there is no time delay. If the answer is no, then you need to ask if they have made the application to the probate registry.
Probate Valuation
As a buyer, probate valuation is irrelevant. You'll pay based on the current market value, but be sure to compare similar properties to ensure your offer is fair.
Probate House Sale Process
In the UK, you buy the property Caveat Emptor or buyer beware; taking on full responsibility for any issues with the property from the point of exchange of contracts.
This means that if there is an issue with the property in the future, like if there was no building control sign-off for an extension or if the boiler breaks, then you have no legal recourse over the seller (unless they made false representations to you).
You must get as much information from the seller as possible - this could mean the seller getting retrospective building control sign-off or a boiler service/check at the seller's own cost.
If they are not willing to do so, you may be able to negotiate for a lower purchase price based on the risk you're taking by buying without all the relevant information.
We always recommend a RICS house survey on a property purchase. When buying a house in probate, this is even more crucial. Get an expert to inspect the property to avoid any nasty, dangerous, and often expensive defects which may not be apparent until it is too late.
Tips for a probate property sale
As the seller, you'll be dealing with the loss of someone who was likely close to you. This can be a difficult time, so it is important to choose the right solicitor for the probate house sale to help to keep your stress to a minimum.
You'll have to deal with the complexity of obtaining a Grant of Probate or Grant of Letters of Administration, valuing the property and facing enquiries from the seller which you may not be able to answer.
If you and the deceased owned the property as Joint Tenants, you won't need a Grant of Probate.
Grant of Probate
You'll need to get authority to handle the probate house sale, via a Grant of Representation (also known as a Grant of Probate) if you are an executor and there is a will; or, via a Grant of Letters of Administration if you are an administrator and there is no will (this is called intestate).
The application to get a grant, whether you have a will or not, is the same and can take time, as you need to:
- Complete a Probate Application Form PA1.
- Complete an Inheritance Tax Form (Important - Whether you have inheritance tax to pay or not, you'll still need to complete an Inheritance Tax Form and submit it to the HMRC).
- Send your application to your local probate registry.
- Swear an oath.
You have to pay inheritance tax due no later than 6 months after the death; otherwise, interest is payable.
This could mean paying out before the estate assets have been sold. If you do not have the liquid funds to pay the IHT due, try to begin the process as early as possible.
The process to get the grant after application is around 10 working days; however, it can take months to prepare the probate application form and inheritance tax forms, especially if there are several different assets to find or if the estate is intestate.
House Valuation for Probate Sales
You'll need to get a valuation for the property from a qualified RICS valuer who will calculate the value at the time of death as this is used in the calculation for Inheritance Tax.
This is not always easy as the housing market in many areas fluctuates, so choose a RICS valuer who has good local knowledge to give an accurate valuation for your probate home.
We have a nationwide panel of local surveyors available to provide a probate valuation. Complete our simple form for a competitive quote.
Property Information
Executors of the estate will complete the Property Information Forms (TA6 Property Information and TA10 Fittings and Contents) to the best of their knowledge.
These forms include other property-related documents such as boiler maintenance certificates, electrical works invoices, FENSA certificates, planning permissions, and building control sign-off.
You might be unable to answer many of the questions and may not have the supporting legal documents required. It is common for a representative to tick 'Do Not Know' for many of the answers within the property information forms.
Your buyer's solicitor should have made it clear to them that this is fairly standard when buying a probate property, and they will need to conduct searches and surveys to satisfy their enquiries.
Do not give information in the property information forms if you are not certain, or you could become liable for misrepresentation of the property.
Expert Tip: The buyer's solicitor does not need the deceased's will
In standard registered conveyancing, the purchaser's solicitor does not need to see the will. As outlined in HM Land Registry Practice Guide 6 (Devolution on the death of a registered proprietor), a Grant of Probate is the only official document required to prove that the executors have the absolute legal authority to sell the property.
The buyer's solicitor shouldn't act as if they need to police the executors to ensure they follow the deceased's wishes regarding the beneficiaries. How the estate is distributed is strictly between the executors and the beneficiaries. It is not the buyer's legal responsibility, and their solicitor has no legal right to require them to check it.
CEO of SAM Conveyancing
How long can it take to sell a house through probate?
The timeline for a probate sale hinges entirely on how quickly the probate office processes the application, which is directly influenced by the estate's complexity.
- For straightforward estates with no tax complications, the probate application process can take approximately 4 to 6 weeks.
- More complex estates, such as those involving missing beneficiaries, disputed wills, foreign assets, or heavy Inheritance Tax liabilities, can take up to 16 weeks (or longer if there are errors in the application) for the grant to be issued.
Key points for property sellers
- You can instruct an estate agent to have the property valued, marketed, and viewed by buyers before the Grant of Probate is issued.
- However, you cannot legally exchange contracts until the official Grant of Probate (or Letters of Administration) is in your physical possession.
- Once the grant is issued and contracts are exchanged, the conveyancing process completes at a standard pace, typically taking 2 to 4 weeks to move from exchange to completion.
How long does probate take when buying a house?
As a buyer, you would ideally hope that the property isn't put on the market until the executors actually have the legal authority to sell it.
In reality, executors frequently list the property to secure a buyer early, applying for the Grant of Probate only once the initial conveyancing steps are underway. If you are buying a probate property, you must ask the estate agent immediately if the Grant of Probate has already been granted. If it hasn't, you must be prepared for a potential delay of several months before you can exchange contracts.
What taxes are payable on a probate sale?
A buyer will pay the standard stamp duty at the prevailing rate as per any normal transaction; the seller may also have to pay taxes to HMRC.
Sellers could pay Capital Gains Tax (CGT)
A common misconception is that executors must pay Capital Gains Tax (CGT) on the full sale price of a probate property. In reality, what the deceased originally paid for the house decades ago is completely irrelevant.
Under UK tax rules, the property’s base cost is 'uplifted' to its open-market value on the exact date of death. But how does HMRC know what the house was worth on that specific day? You must prove this by obtaining an accurate probate valuation, usually through local estate agent appraisals or a formal RICS red book valuation, which forms the baseline submitted on your tax forms.
Because administering an estate and securing the Grant of Probate routinely takes several months, local property values often shift in the meantime. If the house sells for more than its date-of-death valuation, the increase is treated as a taxable gain, meaning CGT is likely due.
Fortunately, you only pay tax on the profit above that probate figure, not the total proceeds. You can also legally deduct allowable selling costs before calculating the bill, such as estate agent commission, conveyancing solicitor fees, and the cost of any structural improvements made while preparing the house for market. Estates also receive an annual CGT tax-free allowance for the tax year of death and the following two tax years, which can significantly reduce or even eliminate the final liability.
Sellers could pay Inheritance Tax (IHT)
Inheritance Tax (IHT) is charged on the total net value of the deceased's estate, which includes the property. Currently, no IHT is payable if the total estate is valued beneath the £325,000 threshold (known as the nil-rate band). This tax-free allowance can increase to £500,000 if the family home is being left to direct descendants (such as children or grandchildren), and can potentially reach up to £1 million for married couples or civil partners who combine their allowances.
If the estate exceeds these allowances, IHT is typically charged at 40% on the remaining balance. The most critical point for Executors to understand is the timing: HMRC requires any Inheritance Tax due to be paid (or at least partially settled) before the Probate Registry will issue the Grant of Probate.
Because you cannot legally exchange contracts on the house without the Grant, Executors often need to request a direct transfer from the deceased's bank accounts to HMRC, or arrange a short-term executor loan, to settle the initial tax bill so the property sale can finally proceed.
Need help with probate conveyancing?
The process of selling or buying a probate property carries unique legal risks compared to standard conveyancing. You need a solicitor who understands limited title guarantees and executor duties.
We have a panel of solicitors who specialise in probate property sales and work to a transparent fixed-fee quote. Call 0333 344 3234 or click below to get a free, no-obligation quote.
Andrew Boast FMAAT is a qualified accountant, conveyancing specialist and author with over 25 years of experience in the UK property sector. Since beginning his career in 2000 within established SRA and CLC-regulated conveyancing solicitor firms, Andrew has overseen the legal journeys of more than 75,000 clients.
He is the self-published author of the first-time buyer guide: How to Buy a House Without Killing Anyone, and a frequent contributor to mainstream UK media on legislative updates, property law, first-time buyer guides, conveyancing best practices, and stamp duty changes. Andrew specialises in resolving complex title issues, property conflict disputes, and property tax options, streamlining the enquiry process to reduce transaction times and maintaining a client-friendly focus.
Amanda Ambler is a highly accomplished conveyancing specialist with over 15 years of dedicated experience across residential property law, legal compliance, and practice management. Having held senior roles, including Head of Legal Practice and Head of Conveyancing at established UK law firms, Amanda possesses a profound, hands-on understanding of the technical intricacies of the property market.
As the designated Legal Content Reviewer for SAM Conveyancing, Amanda ensures that every guide, legal update, and resource published meets the absolute highest standards of accuracy, regulatory compliance, and factual integrity. Her rigorous review process guarantees that complex property legislation and industry processes are communicated clearly, transparently, and safely for home buyers and sellers alike.
