Can you sell a house before probate?

Explaining the basics of probate, how long it takes to sell a house through probate and answering the all important ‘can you sell a house before probate’...

Losing a family member or friend is a stressful and upsetting time as it is. Never mind throwing in the stress of having to sell their house and go through the lengthy probate process. 

With the house acting as a constant sad reminder, it’s no surprise we tend to want to sell the house as fast as possible, leading you to think of ways to make the process faster until you eventually wonder whether or not you need to wait for probate in order to sell.

Is it possible to sell a house before probate?

As the executor or administrator of the estate, you can list the property for sale, receive offers and even begin the conveyancing process before the Grant of Probate is issued. However, you cannot exchange contracts or complete the sale until probate has been officially granted.

This uncertainty can cause difficulties for potential buyers, as the timeline for receiving the Grant of Probate is often unpredictable. In fact, many open-market sales fall through because buyers grow tired of waiting for the probate process to conclude.

For this reason, selling to a cash buyer can be an attractive option. Cash buyers have immediate access to funds, meaning they don’t need to rely on mortgage approval. As a result, they can proceed with buying the property as soon as probate is granted, without delays.

Can you sell a house while waiting for probate?

Technically, yes. You can list the property and accept offers before probate is granted. However, you’ll need the Grant of Probate in hand to exchange contracts and complete the sale. Therefore, while you can market and negotiate a sale, finalising it will have to wait until the probate process is complete.

There are some exceptions to this rule. For instance, if the deceased owned the property jointly with a partner or spouse and their name is on the title deeds, the surviving partner can sell the property if they wish, without needing probate.

Additionally, if the deceased was a joint tenant — where all parties share equal ownership of the property — the ownership automatically transfers to the surviving joint tenant(s), and probate is not required for the sale.

This is different from tenants in common, where each person owns a specific share of the property. In this case, the deceased’s share passes to the beneficiary according to the will or, if there is no will, under the Rules of Intestacy. 

While probate is generally still required to transfer ownership of the deceased’s share, it might not be necessary if the share is being transferred rather than sold.

What are the problems with selling a house before probate?

Selling a house is rarely a straightforward process, and when it involves probate, additional challenges often arise. Alongside the usual difficulties of selling a property, you’ll also need to navigate the complexities of probate.

Want to be prepared for the potential issues of selling a house before probate? Here’s what you need to know:

Responsibility for property maintenance

As the executor, you are responsible for maintaining the property both before and after probate is granted. This may require handling repairs, general upkeep, and cleaning, all of which can take time and money.

Financial strain before probate is granted

Selling an inheritance property can create financial pressure as you will likely need to pay probate fees, Inheritance Tax, and maintenance costs out of your own pocket before probate is granted and before you can access the estate. There’s also risk that the estate may not have enough funds to cover these expenses once probate is finalised. 

Increased bureaucracy

The probate process involves much more paperwork and administration than a standard property sale. The additional bureaucracy can make the sale feel more complicated and time-consuming.

Uncertainty in the selling process

Once probate is granted, the property can be listed on the market – but there’s no telling how quickly it will sell. Probate properties often take longer to sell, and the process may feel even more drawn out after potentially waiting months for probate to be approved.

Risk of losing the buyer

Because of the open-ended timeline, some buyers might lose interest or find another property that doesn’t have the probate-related delays. The prospect of paying Stamp Duty on a property without knowing when the sale will complete could be a deal-breaker for many, resulting in the sale falling through.

By this point, you may be eager to sell the property quickly and move on, especially if it holds emotional significance. 

How long does it take to sell a house through probate?

There is no definitive answer to how long it takes to sell a house through probate, but on average, it can take anywhere from 12 to 16 weeks just for probate to be granted. This doesn’t include the time it will take to sell the property, which can add several more months — sometimes even longer.

According to Help and Advice, the entire probate process can last anywhere from 6 months to a year. Only after that can you start the process of selling the house, meaning it could take well over a year from applying for probate to completing the sale.

The delay is largely due to the various legal and administrative steps involved in probate. Once you understand what selling a probate property entails, the extended timeline starts to make sense.

How long after probate is granted can you sell the house?

Once probate is granted, you can sell the house immediately. However, while the Grant of Probate allows you to legally proceed with the sale, the entire process – starting from the initial probate application through to final sale completion – can take much longer.

In many cases, selling a probate property can take well over a year. This extended timeline is due to several factors, including:

1. Initial probate application

The time it takes to receive probate can vary, often ranging from 12 to 16 weeks or longer, depending on the complexity of the estate and the efficiency of the probate office.

2. Valuation & tax considerations

Before probate is granted, you must determine the property’s value and assess whether Inheritance Tax is owed. This process involves getting valuations from multiple estate agents and potentially settling any tax liabilities before you can move forward with the sale.

3. Marketing the property

Once probate is granted, the property can be listed for sale. However, the time it takes to find a buyer depends on market conditions, the property’s location and its condition. Probate properties, in particular, can take longer to sell, as buyers may receive them as more complicated purchases.

4. Conveyancing and sale completion

After you accept an offer, the legal process of conveyancing can begin. This can add another 8 to 12 weeks or more to the timeline, depending on how quickly both parties’ solicitors work and whether any issues arise during the transaction.

While the property can technically be sold immediately after probate is granted, the reality is that the entire process – starting from applying for probate, dealing with tax obligations, marking the house and completing the sale can take much longer.

And, if you choose to handle probate yourself (commonly referred to as DIY probate), the process can take considerably longer due to the learning curve, the extensive paperwork, managing the estate and potential delays from mistakes. On average, DIY probate can extend the timeline by an additional 2 to 4 months.

What’s the best way for selling a probate property quickly?

The fastest way to sell a probate property is by choosing a cash house-buying company. Unlike traditional estate agents, cash buyers can operate on a much shorter timeline, offering a fast and hassle-free solution.

At The Property Buying Company, we understand how stressful and emotionally taxing this process can be, especially when it comes to selling a property that may hold painful memories. That’s why we aim to make the sale as quick and easy as possible for you.

As a cash buyer specialising in fast sales, we can complete the purchase in as little as 7 days – ideal after a lengthy probate process. Plus, we cover all the fees, meaning you won’t have to worry about any hidden costs. Our cash offer is exactly what you’ll receive in full,  which can help offset any probate or tax-related expenses.

Even better, you don’t need to spend money on repairs or maintenance before selling to us. We buy houses in any condition, saving you time and money on upkeep.

If you’re ready to avoid months of waiting on the market, give us a call or fill out our online form for a no-obligation cash offer. You could have the money in your bank as soon as next week!