Probate guide

Can you sell a house before probate?

5 min read Selling guide
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The short version

  • You can start straight away, but cannot complete until the grant is issued
  • A property held as joint tenants can often be sold without probate
  • A cash buyer can complete in days once the grant arrives

What you can do before the grant

Plenty. You can have the property valued, choose a solicitor or conveyancer, clear and secure the house, put it on the market, and even accept an offer, subject to probate. Getting all of this moving early is sensible, because it means the sale is ready to complete the moment the grant arrives.

What you cannot do until probate is granted

You cannot exchange contracts or complete, and you cannot transfer the legal title, until the grant of probate, or letters of administration where there is no will, has been issued. That document is what gives the executors the legal authority to sell, and a buyer’s solicitor will want to see it before completion.

Sole-name property needs a grant. Joint-tenant property usually passes to the survivor and often does not.

How a cash buyer fits around probate

Because a cash sale needs no mortgage and no chain, it can complete in as little as seven days once the grant is issued. Agreeing a fair offer with us while probate is still progressing means the estate is ready to move immediately, rather than starting the search for a buyer only after the grant finally arrives.

Agree the offer now, and be ready to complete the moment the grant arrives, so no time is lost.

This is general information and not legal, tax or financial advice. Every estate and situation is different, so check with the estate's solicitor or a qualified professional before making decisions.

Good to know

Common questions

Yes. You can value it, instruct a solicitor, market it and even accept an offer subject to probate. You just cannot complete until the grant is issued.

Because the executors need the grant of probate to have the legal authority to transfer the property. The buyer's solicitor will require it before completion.

Not always. A property held as joint tenants usually passes to the surviving owner and can often be sold without a grant. Sole-name properties need one.

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