Selling a Probate or Inherited Property: A Step-by-Step Guide for Families | SOLM Property
Losing someone is hard enough without being left to sort out and sell their home. The probate process can feel daunting when you are already dealing with a great deal, but it follows a clear sequence, and knowing the steps takes a lot of the uncertainty out of it. This is a calm, step-by-step guide for families selling an inherited property in England and Wales.
Take it one stage at a time. There is no prize for rushing, and most of it is more straightforward than it first appears.
Step 1: Check how the property was owned
This first check can save you months, because it determines whether you need probate at all. If the property was owned as joint tenants with someone who is still living, such as a surviving spouse, ownership usually passes automatically to them, and no grant of probate is needed to sell. All that is required is a death certificate and an update at the Land Registry.
If instead the property was owned as tenants in common, or was in the deceased’s sole name, their share forms part of the estate, and you will need a grant of probate, if there is a will, or letters of administration, if there is not, before that share can be sold. A solicitor can confirm which applies by checking the title, so this is worth establishing right at the start.
Step 2: Get a date-of-death valuation early
Arrange a proper valuation of the property as at the date of death as soon as you can. You need it to value the estate and work out any inheritance tax, and it also fixes the base value used for any future capital gains tax, so getting it right matters twice over. An accurate, defensible valuation done early makes everything that follows smoother, and it also gives you a realistic starting point for the eventual sale price. This is something we can help with.
Step 3: Sort the estate and any inheritance tax
Next, the whole estate is valued and you work out whether inheritance tax is due. The tax-free threshold is £325,000, with an additional residence allowance where a home passes to children or grandchildren, and tax is charged above that. It is worth killing a common myth here: that £325,000 figure is the inheritance tax threshold, not a probate threshold. There is no probate threshold in England and Wales, so whether you need a grant depends on how the property was owned, not on what the estate is worth.
One thing that catches families out is timing. Inheritance tax generally has to be paid within six months of the end of the month of death, and often before the grant is issued, which can create a chicken-and-egg problem when the money is tied up in the house. Tax attributable to the property can usually be paid in instalments, which helps. This is the point where professional advice earns its keep, so involve a solicitor or accountant early.
Step 4: Apply for the grant
With the estate valued and the tax position dealt with, you apply for the grant of probate or letters of administration. Applications can be made online, and the fee is £526 for an estate worth more than £5,000, or nothing for smaller estates.
Timescales have improved recently. Straightforward online applications without inheritance tax complications have been coming through in a matter of weeks, while estates that owe tax, involve paper forms, or have missing documents take longer, often a few months. Only the personal representatives named on the grant can legally complete a sale, so the grant is the key that unlocks completion.
Step 5: Prepare and market the property alongside probate
You do not have to sit idle while the grant works its way through. The official guidance is to wait until probate is granted before marketing, but in practice many families run the two clocks side by side, getting the property prepared, cleared and ready, and often marketing it subject to probate, so a buyer is lined up for the moment the grant arrives. This is the single most effective way to shorten the overall timeline.
The important thing is honesty with your buyer. Tell them, and their solicitor, from the outset that the sale is subject to probate, and give a realistic timescale. You can accept an offer and begin the conveyancing, but you cannot exchange contracts or complete until the grant is issued, so managing expectations keeps a patient buyer from drifting away during the wait.
Step 6: Sell and complete
Once the grant is in hand, the sale proceeds like any normal one, through to exchange and completion. For a probate sale, a buyer who is unlikely to pull out during the wait is worth a lot, and a cash buyer with no chain is often more patient and committed than someone relying on a mortgage in a long chain. Keeping everyone informed throughout is what holds these sales together, and our guide on why sales fall through explains why that communication matters so much.
Do not forget the empty house in the meantime
While all this is going on, the property usually sits empty, and an empty home needs looking after. Standard home insurance often will not cover an unoccupied property, so you will need specific unoccupied-home cover, and the house should be kept secure and maintained. Bear in mind too that an empty inherited house keeps costing money in council tax, which can attract a premium after a while, along with insurance and standing charges. That steady drain is a good reason not to let the process drift.
If more than one of you has inherited
Where several people inherit a property together, agree in writing early on how the sale will work, who takes the lead in dealing with the agent and solicitor, and how the proceeds will be divided. Sorting this out at the start, while everyone is on good terms, prevents disagreements from stalling the whole sale later, which is one of the most common causes of delay in these situations.
A word on tax when you sell
Because the property is valued at the date of death, you generally only pay capital gains tax on any increase in value between then and the sale, above the estate’s annual allowance. In practice, if the property sells reasonably promptly at close to the probate value, there is often no capital gains tax to pay at all. If the property has risen significantly in value, or the process drags on for a long time, it is worth taking advice, as the personal representatives are responsible for reporting and paying any tax due.
How SOLM Property can help
Probate sales call for patience, sensitivity and clear communication, which is exactly how we work. We can provide a probate valuation, prepare and market the property at the right time, manage buyers through the wait so nobody drifts, and keep the whole family informed at every stage. At what is already a difficult time, our aim is to make this one part of it as calm and straightforward as possible.
If you are dealing with an inherited property and would like a steady, understanding hand to guide the sale, get in touchand we will help you take it one step at a time.
This article is general information, not legal or tax advice. Probate, inheritance tax and capital gains tax depend on your specific circumstances, so confirm your position with a solicitor and, where tax may arise, a qualified accountant.