Can You Sell a House Before Probate Is Granted A Guide for Executors

The short answer

When someone dies owning a home, their family may want to put it on the market quickly. In many cases, an executor can begin preparing for a sale before the grant of probate is issued. The grant is usually needed before the legal transfer can be completed and registered, so the timing and the type of ownership matter.

Key takeaways 

• An executor can often value and market a property while the probate application is pending. 

• A grant is generally needed to register the transfer of a sole-owned property. 

• Do not exchange contracts or promise a completion date until the conveyancer has checked the grant and title position. 

First check how the property was owned 

If the property was owned in the deceased’s sole name, or as tenants in common, their interest will usually need to be dealt with as part of the estate. A surviving joint tenant normally becomes the sole legal owner automatically, outside the deceased’s estate. The deceased may still have had a beneficial share if the ownership was held as tenants in common, even though the legal title passes to the survivor.

What the grant of probate does

Where there is a Will, the named executor applies for a grant of probate to prove their authority to administer the estate. If there is no Will, or no executor able to act, an administrator usually needs letters of administration. An executor’s authority comes from the Will, but the grant is the formal evidence that a buyer’s conveyancer and HM Land Registry will generally need to register a transfer of a sole-owned property. An administrator cannot deal with the estate as administrator until the grant is issued.

Can you market the property before the grant 

An executor can often arrange a valuation, instruct an estate agent and market the property while the probate application is being prepared. They should make clear to the estate agent and prospective buyer that the sale is an estate sale and the grant is outstanding. This may allow the parties to identify a buyer and progress preliminary work while waiting. 

Can contracts be exchanged before probate 

This needs careful advice on the facts. A buyer may be found before the grant, and in some cases the parties may consider exchanging contracts before it is issued. But exchange creates a binding contract and can expose the estate to consequences if the grant, title documents or other requirements are delayed. The conveyancers may advise waiting until the grant is available, or may agree a suitable timetable and conditions after considering the authority to sell and the transaction. For an intestate estate, administrators generally need the grant before they can act in that role. In every case, do not exchange contracts or promise a completion date until the conveyancer has checked the title, the personal representative’s authority and the practical timing.

What else should executors consider

The property may need to be insured, secured, maintained and kept free of avoidable damage while the estate is being administered. Check whether the insurer needs to be told that the owner has died or that the property is empty. The estate may also have mortgage payments, service charges, council tax or utility costs. Keep records of expenditure and decisions, and consider whether a valuation is needed for inheritance tax reporting.

A property passing to a beneficiary is different from a sale 

If the Will leaves the house to a beneficiary, the personal representatives may transfer it rather than sell it, depending on the Will and the estate’s needs. Debts, tax, specific gifts and the interests of beneficiaries must be considered before assets are distributed. A beneficiary may be able to buy out another beneficiary’s interest, but the conveyancing and estate administration steps still need to be coordinated. 

Frequently asked questions

Can an executor put a house on the market before probate? 

Often yes. An executor can usually arrange a valuation and marketing while the application is underway, but should make clear that the grant is outstanding. 

Can contracts be exchanged before the grant is issued? 

This depends on the facts and the personal representative’s authority. Exchange creates a binding contract, so the conveyancers should check the risks and timing first. 

Can an administrator sell before letters of administration? 

An administrator generally needs the grant before acting in that role. Get conveyancing and probate advice before committing to a transaction. 

Legal information

This article is intended for general information only and does not constitute legal advice or create a solicitor-client relationship. The law and individual circumstances can change the outcome. Obtain specific advice before acting. This article concerns the law of England and Wales.