Selling an Inherited Property When Probate Is Still Being Dealt With

In England and Wales, you can market an inherited property and accept an offer while probate is pending. Completion will normally require the grant of probate or letters of administration because that document confirms the personal representatives' authority to transfer the property. Exchanging contracts before the grant may be possible, but it creates a binding commitment before completion can be guaranteed.

The latest published HMCTS figures, covering January to March 2026, show digital probate applications that were not stopped took about two weeks on average from submission to grant, while stopped digital applications averaged 14 weeks. GOV.UK nevertheless tells applicants that probate will usually arrive within 12 weeks and may take longer if more information is needed. The probate application fee increased to £526 on 13 July 2026 for estates valued above £5,000; there is no fee for estates worth £5,000 or less.

What is possible before the grant

Stage	Permitted?	Notes
Instructing an estate agent	Yes	Marketing can begin before probate
Marketing and viewings	Yes	Tell buyers probate is pending
Accepting an offer	Yes	Not legally binding before exchange
Instructing a conveyancer	Yes	Legal work can start in parallel
Answering enquiries and preparing searches	Yes	Work can progress while probate is pending
Exchanging contracts	Sometimes	Risky unless the grant and timetable are secure
Completing the sale	Normally no	The grant is generally needed to prove authority

Exchange normally makes the sale legally binding. If the grant has not arrived, the personal representatives may be unable to complete on the agreed date. A conveyancer can instead prepare the title, contract and replies while probate progresses. Our guide to how a conveyancer handles property transfers during probate explains the sequence, and our note on the legal requirements for selling a property covers the paperwork.

Tell the buyer at the start

Tell the buyer early that probate is pending and that completion cannot be guaranteed until the grant arrives. Clear updates can reduce the risk of the transaction losing momentum.

Until exchange, either party can usually withdraw. Our article on handling property chain delays covers delays, while our guide to speeding up a property transaction explains what can be prepared in advance. Our note on gazumping and gazundering explains the position before exchange, and our article on what to do when a transaction falls through covers the next steps.

The decision that changes the tax

An inherited property is normally treated for Capital Gains Tax purposes as acquired at its market value on the date of death. If its value rises before sale, CGT may arise. Who makes the disposal can affect allowances and rates.

Sold by personal representatives	Assented to beneficiaries, then sold
Personal representatives make the disposal	Beneficiaries make the disposal after a valid transfer
£3,000 annual exempt amount for the estate, where available	Each individual may have a £3,000 annual exempt amount, if unused
Personal representatives generally pay CGT at 24%	Individuals generally pay 18% and/or 24%, depending on income and gains
Sale completed by the personal representatives	Written assent first, then beneficiaries sell

Personal representatives can use the annual exempt amount for the tax year of death and the following two tax years. After that, no annual exempt amount is available to the estate. Assenting property to beneficiaries before sale can sometimes produce a different CGT result, but it should be considered before exchange. Current rates and allowances are on the GOV.UK capital gains tax pages, and our guide to transferring equity in a property explains property transfers in practice.

Where authority goes wrong

Not every executor named in a will has to take the grant. Where there is more than one executor, they must agree who applies; an executor who does not apply can hold power reserved or formally renounce. Those appointed by the grant are authorised to administer the estate. If several personal representatives are named on the grant, all generally need to execute an assent of registered land.

If there is no valid will, the appropriate person must apply for letters of administration under the statutory order of entitlement. Our articles on why you should make a will and what happens when there is no will explain the difference.

Disagreements between beneficiaries can delay a sale. Personal representatives should avoid disposing of property at an unjustifiable undervalue. An independent valuation may be appropriate where a beneficiary wants to acquire the property. Our family law solicitors can advise where an estate overlaps with separation, and our child custody solicitors in Sheffield where arrangements for children are connected with the family home.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be brought within six months from the date representation is first taken out, although the court can permit a late claim. Take advice before distributing an estate where a claim is anticipated.

Practical points that cost money

Check the title early. Unregistered property can require first registration. Our note on title searches in conveyancing explains what may emerge, while title insurance may sometimes help where a title risk cannot readily be resolved. Our guide to boundary disputes during conveyancing covers boundary issues.

For leasehold property, request management information early because information will usually be needed from the landlord or managing agent. Our comparison of leasehold and freehold conveyancing covers the extra enquiries, and our guide to lease extensions explains issues where the remaining term is short.

Vacant property needs appropriate insurance and security. Our note on how conveyancers mitigate property fraud risk covers safeguards.

Auction can offer speed or certainty, but a traditional auction can create a binding contract immediately. If probate is outstanding, the legal pack and completion conditions need careful review. Our guide to conveyancing for auction properties explains how it differs.

Frequently asked questions

Can I sell before probate is granted?

You can normally market the property, hold viewings and accept an offer before the grant. Completion usually has to wait until the personal representatives can prove their authority.

How long will it take?

There is no fixed overall timetable. GOV.UK says probate will usually be issued within 12 weeks of application, although straightforward digital cases can be quicker and stopped cases can take longer. Guidance is on the GOV.UK probate pages.

Do I need a survey or valuation?

The estate needs an accurate value of the deceased's assets at the date of death. GOV.UK states that land or property can be valued by an estate agent or chartered surveyor. Our note on property surveys explains the different types.

Who pays the bills in the meantime?

Estate expenses are generally paid from estate funds. An empty property following the owner's death can qualify for a Council Tax exemption until probate is granted and for up to six further months, provided the conditions continue to be met. Insurers should be told when a property is unoccupied.

What if a beneficiary wants to keep the property?

The personal representatives can assent the property to a beneficiary if the estate permits it. An inheritance itself is generally exempt from SDLT, but additional consideration paid to acquire another person's interest can create an SDLT liability.

Getting it moving

Instructing a conveyancer while probate is progressing allows title work and sale documents to be prepared without waiting for the grant. Our checklist for preparing for your first meeting with a conveyancing solicitor tells you what to bring.

Athi Law's conveyancing solicitors act for executors and beneficiaries across Sheffield, Dronfield and West Bromwich. If you are dealing with a relative's affairs while they are alive, a registered lasting power of attorney may allow you to act within the authority given, and our article on what happens without one explains why deputyship may be needed instead. Speak to our property team before you accept an offer.