When someone dies, their property becomes part of their estate. If you’re a beneficiary or executor, you may wonder: can you put a property on the market before probate is granted? This is a common question, especially when you’re dealing with the death of a parent or close family member. The process can involve emotional and legal complications, particularly if there is no will.
This article explains the legal position on marketing and selling property before probate is granted. It also covers letters of administration, the difference between selling with or without a will, whether you need an official house valuation for probate, and the steps involved in selling a parent’s house after death in the UK.
Yes, you can put a property on the market before probate is granted. However, you cannot legally complete the sale until probate is issued.
You may:
This allows you to save time. Buyers and agents are used to sales being delayed by probate and will typically agree to a conditional sale. Once probate is granted, you can proceed to exchange contracts and complete the sale.
You can ‘sell’ subject to contract but not complete before probate is granted. This allows you to do all of the lengthy preparation for a sale and even agree a price with a buyer so that once probate is granted you can move swiftly, but you cannot complete the legal transfer of ownership until the probate or letters of administration are issued.
Why?
The person who died was the legal owner of the property. Until probate is granted:
If the deceased did not leave a will, the process involves applying for letters of administration instead of a grant of probate. This is handled by the administrator, who is usually the next of kin. Once granted, the administrator has the same legal rights as an executor to sell property.
When someone dies without a will, they are said to die intestate. The law decides who inherits their estate. To manage the estate, an eligible person (usually a close relative) must apply for letters of administration.
Key Points:
This process usually takes 8–16 weeks depending on the complexity of the estate.
Yes, a house valuation is required for probate. HMRC uses this to calculate inheritance tax.
Your options:
Failing to provide a reasonable valuation can delay probate or result in tax penalties.
If your parent has passed away and left their property behind, the steps to sell it depend on the legal status of the estate.
Step-by-Step Summary:
Q: How long does probate take in the UK?
A: It typically takes 8 to 16 weeks after submitting the application.
Q: Can I live in the house while waiting for probate?
A: Yes, if you already lived there or with permission from the executor or administrator.
Q: Do I need a solicitor?
A: Not legally, but professional help can reduce mistakes and delays, especially in intestacy cases.
Mooved Property Investments specialise in the fast sale of inherited property, offering support to executors, administrators, and beneficiaries navigating probate-related sales. We understand the legal and emotional challenges involved and provide a streamlined service to prepare the property for sale while probate is pending. All preliminary steps—such as property valuations, marketing, securing the property, and sourcing buyers—can be handled in advance. This means that once the grant of probate or letters of administration is issued, the sale can proceed without delay. Mooved’s approach reduces waiting times and helps families release funds from the estate more efficiently.
If you’re dealing with the sale of an inherited property and need expert support, you can contact us for a no-obligation consultation. Our team can talk you through the process, provide an indicative valuation, and outline the steps we wil take to prepare the property for sale before probate is granted.