Can You Sell a Property Without Probate?
If you’ve recently lost a loved one, dealing with their property can feel overwhelming especially when it comes to selling. At Edwards & Gray, we’re here to make the process easier to understand and support you every step of the way.
📝 What Is Probate?
Probate is the legal process of managing someone’s estate after they pass away. This includes sorting out their finances, belongings and any property they owned.
If the person owned a home in their sole name (or as tenants in common), you’ll usually need to apply for a Grant of Probate before you can sell it.
⏳ How Long Does Probate Take?
The time it takes to get probate can vary, but government guidelines advise around 16 weeks from application to approval, provided there are no complications.
💡 We have known probate take over 12 months to be received. It’s best to get advice from your solicitor before marketing to get an estimate on when they would expect probate back.
Delays can happen if:
- There are issues locating a will
- The estate is complex or includes overseas assets
- HMRC queries inheritance tax calculations
It’s important to allow time for this process, especially if a sale depends on the grant being issued. At Edwards & Gray, we can help keep things moving by preparing everything else in the meantime, ready for when probate is granted.
🏡 Can You Market the Property Before Probate is Granted?
Yes, in most cases you can start marketing the home before probate has been granted. However, you won’t be able to exchange or complete the sale until you have the official grant.
To market the property we would need a copy of the will and death certificate to then act on behalf of the named executor/executors. The transaction is treated the same as any normal property sale, in cases where there is no will, you would normally need to wait to receive the grant of probate before being able to market.
At Edwards & Gray, we can progress the sale of the property from photos, viewings and accepting offers so once probate is granted and the solicitors have done their part you can complete immediately.
🗂️ What is needed to market a house before probate?
✅ Will
✅ Death Certificate
✅ Title Deeds – Proving ownership of the property.
✅ Property Valuation
✅ Energy Performance Certificate (EPC) – Legally required before marketing.
✅ ID Checks & AML Requirements – Standard with all estate agency sales.
💷 Do You Have to Pay Inheritance Tax Before Selling?
Inheritance tax (IHT) is usually payable within six months of the person’s death. However, HMRC allows payments in instalments if the estate includes property. A property can be sold to help pay this tax, but timing matters, speak to your solicitor or advisor if unsure.
📍 Top Tips from Edwards & Gray:
- 💬 Keep communication open – with your estate agent, we’ll guide you through every stage.
- 🛠️ Prepare the property – Consider light maintenance or a quick spruce up for first impressions.
- 🤝 Get expert support – We can refer trusted solicitors, surveyors and clearance services if needed.
💡 Need to Sell a Home that Requires Probate?
Our experienced team at Edwards & Gray understands the legal and emotional complexities that come with selling a property that requires probate. We offer clear advice, a friendly approach and flexible support tailored to your needs.
📩 Get in touch today to book a free, no-obligation property valuation.
