Selling a property during probate can feel daunting, especially when it’s the main asset in the estate. Families often worry about what can and can’t be done before the grant of probate is issued. The good news is you can start marketing the property and even accept an offer while probate is pending. However, you’ll need to wait for the grant before you can legally transfer ownership and complete the sale.

What You Can Do Before the Grant

First, make sure the property is secure and properly insured. Most insurers require notification if a home is unoccupied, and you may need to arrange specialist cover. Turn off the water to prevent leaks, and consider regular inspections to keep the property safe and in good condition.

Next, get the property valued. It’s wise to obtain two or three market appraisals to get a realistic idea of its worth. Choose an estate agent who has experience with probate sales—they’ll understand the unique timeline and can help set expectations with buyers. Be upfront about the probate process so everyone knows there may be a wait before completion.

Start gathering paperwork early. Locate the title deeds or download official copies from the Land Registry. Find any guarantees, planning permissions, or building regulation certificates, and arrange for an Energy Performance Certificate (EPC) if you don’t already have one. Having these documents ready will help avoid delays once the grant is issued.

Exchange and Completion: Timing Is Everything

Most conveyancers prefer to wait for the grant before exchanging contracts. This avoids the need for longstop clauses and reduces the risk of complications if probate is delayed. In some cases, if the executor named in the will is clearly entitled to the grant, an early exchange may be possible. However, this carries risk—if the grant is held up, the sale could fall through or incur penalties.

Completion and registration of the transfer can only happen once the grant is available. Make sure the contract or target dates reflect the probate timeline, so buyers and agents know what to expect.

Practical Issues to Watch

Utilities and council tax can be a headache. Check with your local authority about exemptions or discounts for empty properties during probate. Some councils offer reduced rates, but rules vary.

Chattels—fixtures and contents—can cause disputes if not handled carefully. Agree in writing what’s included in the sale and keep a detailed inventory. This avoids confusion and arguments later.

If there are multiple beneficiaries, clear communication is vital. Keep everyone updated on offers, timescales, and the net proceeds from the sale. This helps prevent misunderstandings and ensures everyone is on the same page.

Worked Example

Imagine your late mother’s house is the main asset in her estate. You notify the insurer that the property is empty and arrange monthly inspections. You get three valuations and choose an agent who’s handled probate sales before. The agent finds a buyer, and you accept the offer, making it clear that completion will depend on the grant of probate. You gather all the paperwork, including the EPC and title deeds, so you’re ready to move quickly once the grant arrives. The sale goes smoothly, and the proceeds are distributed to the beneficiaries.

Key Takeaway

You can market a property and line up conveyancing before probate is granted, but plan exchange and completion around the grant. Clear timelines, good communication, and insurer-compliant security measures will reduce risk and keep the sale moving forward. With a bit of preparation, you can make the process as smooth as possible for everyone involved.

Disclaimer: This article is for general information only and does not constitute legal, financial or tax advice. Every estate is different, and outcomes depend on your specific circumstances. Take time to familiarise yourself with the rules and keep your paperwork up to date.