What Happens if I'm Selling a Property as Part of an Inheritance or Probate Sale?

Our latest guide outlines what to expect, how probate affects the sale, and what you legally need to do before putting the property on the market.

What Is Probate and When Is It Required?

Probate is the legal process of administering someone's estate after death. If the deceased owned property in their sole name, you'll usually need to apply for probate before selling it. This involves being granted legal authority (a 'Grant of Probate') to deal with their assets, including property, finances, and possessions.

If there's a will, the named executors apply for probate. If there isn't, a close relative can apply for 'letters of administration' instead - the process is similar.

Can You Market a Probate Property Before Probate Is Granted?

You can list the property for sale and even accept offers while the probate process is ongoing. However, you can't exchange contracts or complete the sale until the grant is issued. Most buyers and their solicitors will understand this, but it's important to be transparent about expected timelines.

What Documents Are Required to Sell a Probate Property?

• Death certificate
• Original or certified copy of the will (if one exists)
• Grant of Probate (or Letters of Administration)
• Photo ID and proof of address for the executor(s)
• Property title deeds or HM Land Registry confirmation

You'll also need to complete standard property sale forms such as the TA6 and TA10, although as an executor, you may be unable to answer every question if you've never lived in the property.

Do You Need a Valuation for Probate?

Yes- a valuation is required to calculate inheritance tax, even if you're not planning to sell the home immediately. HMRC expects a realistic market value as of the date of death. Getting a written valuation from a local estate agent or chartered surveyor with knowledge of the area is advisable.

If the estate is large and inheritance tax is due, submitting an accurate valuation is essential to avoid penalties or overpaying tax.

Who Pays for the Costs Involved?

Estate administration costs, including estate agent fees, legal costs, and maintenance on the property, are normally paid from the estate itself, not from your own pocket. Until probate is granted, the estate's funds may be frozen, so you may need to discuss short-term arrangements with your solicitor or bank.

Tips for Selling a Probate Property Smoothly

• Secure and insure the home: Unoccupied properties need specialist insurance- inform insurers straight away
• Keep it well maintained: Regular checks, lawn cutting, or light staging can help it sell faster
• Use an experienced agent: Selling under probate can require specialist handling and clear communication with buyers
• Set expectations: Make buyers aware that timelines may be affected by the grant of probate
• Be transparent: If you're unsure of specific property history (e.g. past works or warranties), explain this upfront to avoid disputes later

Do You Pay Tax When Selling a Probate Property?

Inheritance Tax is assessed based on the estate's total value. For 2025, the threshold remains £325,000 per person, with possible additional allowances for main residences passed to direct descendants.

If the property is later sold for more than its probate value, Capital Gains Tax (CGT) may be due on the increase. However, if the sale occurs shortly after death and the price is close to the original valuation, this is often minimal or not applicable.

Can Multiple Executors Sell a Property?

If multiple executors are named in the will, all must agree to the sale and sign legal documentation. This can sometimes cause delays if one executor is unresponsive or lives outside of the country, so coordination is crucial.

A Complex Process, But Not an Impossible One

Dealing with a probate property sale adds emotional weight to an already complex process. However, it can be managed efficiently and professionally with the right legal advice and a clear understanding of what's required. From applying for probate to completion, patience and good communication with all parties are essential.

If you're navigating a probate sale in the Lancashire area, Farrell Heyworth offers specialist support and guidance. Our team understands the legal and practical challenges of selling inherited homes and can help you move forward with sensitivity, clarity, and local market insight.