Selling a property
Selling an inherited or probate property
Dealing with a family member's house after they have died is hard, and the paperwork can feel like a lot on top of everything else. This page sets out how a sale works alongside probate, what to think about while the house is empty, and how we can help if you decide to sell.
Can you sell before probate is granted?
In England and Wales you can agree a sale before the grant of probate comes through. If there is no will, the equivalent document is called letters of administration. Either way, contracts cannot be exchanged until the grant has been issued.
That means you can start talking to buyers, get the property looked at and agree a price while the estate is still being sorted out. The legal side then moves forward once the grant arrives.
Your solicitor will usually let the buyer know where the probate application has got to, so both sides can plan around it. If you are not sure whether a grant is needed at all, ask the solicitor dealing with the estate.
If there are several executors, the ones dealing with the estate all need to sign the sale. It helps to agree early on who is handling what, so nobody is surprised when documents need signing.
Families do not always agree straight away about what should happen to a house. Taking time to talk it through before a sale is agreed is usually easier than trying to settle differences later on.
Looking after the house while it is empty
An empty house still needs looking after while the estate is dealt with. A few things are worth doing early:
- Tell the insurer the house is unoccupied. Standard home insurance can be affected when a property is left empty.
- Keep it secure – lock windows and doors, and check on it regularly.
- Contact the local council about council tax on the empty property.
- Keep a note of meter readings, and think about whether the water should be turned off, especially in winter.
- Redirect post so that bills and letters reach the person dealing with the estate.
Money from the sale and tax
The money from the sale goes to the estate first, not straight to the beneficiaries. It is then shared out as part of settling the estate.
Keep records of what the house was worth at the date of death and of any costs of selling it, as your adviser may ask for them.
If the house has gone up in value since the date of death, capital gains tax may apply when it is sold. A solicitor or tax adviser can tell you whether this affects you.
You don't need to clear the house first
Clearing a loved one's home takes time and can be upsetting. You don't need to clean, repair, renovate or clear the house before we look at it. We can see it as it is, and you can decide what to keep in your own time.
If there are items the family wants to keep, take them before the sale completes. Anything left can be discussed with us when we talk through the options.
This is general information, not legal or financial advice. Speak to a solicitor or qualified adviser about your own situation.
How we can help
We know this is often a sensitive time. We'll go at your pace and deal with whichever executor or family member is handling the sale.
- We'll look at the property and talk you through the options.
- If a direct sale suits you, we'll make an offer.
- There's no obligation to accept it.
- Your own solicitor handles the legal side.
Questions sellers ask
Thinking of selling?
Tell us about the property and we will talk you through the options. There is no obligation.