How to Sell a House During Probate: What You Need to Know

Selling a House During Probate: What You Need to Know

Dealing with the sale of a loved one’s home after they have passed away can feel overwhelming. If you are an executor or administrator of an estate, you may be asking: Do I need probate to sell the house? Can I market the property before the grant is issued? Who receives the sale proceeds?

This guide explains the key steps when selling a property during probate and answers the most common questions.

Do You Need Probate to Sell a House?

Yes, in most cases, a Grant of Probate (or Grant of Letters of Administration if there is no Will) is required before you can legally complete the sale of a property. The Grant confirms who has the legal authority to deal with the estate.

Without the Grant, estate agents and solicitors cannot complete the transaction, although you may still begin the marketing process (see below).

Who Can Instruct Estate Agents and Solicitors?

Only the personal representatives of the estate can instruct professionals:

Executors (named in the Will) once Probate has been granted.
Administrators (appointed if there is no Will) once the Grant of Letters of Administration has been issued.

They are the only people legally entitled to sell the property and sign the necessary paperwork. If you are marketing the property or agree a sale before the Grant has been issued it is normal for the professional to ask to see a copy of the Will.

Can You Market the Property Before Probate Is Granted?

Yes, you can place the property on the market and even accept an offer while waiting for Probate. This can save valuable time, especially as the probate process can take several months and in practice, many families will put the house on the market before a Grant has been obtained.

However, it is important to note:

Whilst you can advertise the property and accept an offer you cannot exchange contracts or complete the sale until the Grant is issued.
Some buyers may be cautious about delays and will want reassurance about the probate timescale. It is crucial to be transparent about timescales when selling a Probate property.

Restrictions on Exchange and Completion

The Grant is the legal proof of authority to sell. Without it:

Contracts should not be exchanged, as there is a risk of significant delays which could leave you in breach of contract.
Completion cannot legally take place.

Most solicitors will therefore advise waiting until probate is granted before moving beyond the marketing and offer stage.

Where Are the Sale Proceeds Paid?

When the property is sold:

If a solicitor is acting in the Probate administration, the proceeds are paid into the solicitor’s client account. From there, estate expenses such as debts, taxes and administration costs are settled before the balance is distributed to the beneficiaries.
If no solicitor is instructed, the money is paid directly to the executor or administrator, who is then personally responsible for ensuring it is distributed correctly.

Selling a house during probate can be more complex than an ordinary property sale. With the right legal advice, you can avoid unnecessary delays and ensure the estate is administered correctly.

If you need advice on probate or help with the sale of a property in an estate, our specialist Wills and Probate team based in Leicester and Market Harborough are here to guide you every step of the way.

How can we help?

Please call our friendly probate team on 0116 212 1000 or 01858 445 480, alternatively complete our free Contact Us form and we will get in touch as soon as possible. Lawson West Solicitors also has a full service conveyancing department who can also work alongside you to progress the sale.