If you’ve recently inherited a property or are managing an estate, you may be wondering: Can you sell property after probate? This question has seen a 400% increase in Google searches, reflecting the growing interest in estate management and property sales. The short answer is yes, but there are legal steps to follow before a sale can go ahead.
In this guide, we’ll explain what probate is, when you can sell a property, and how the process works.
What is Probate?
Probate is the legal process of administering a deceased person’s estate, including their assets, debts, and property. If the person left a will, the named executor applies for a Grant of Probate, giving them the legal authority to manage and distribute the estate. If there is no will, the next of kin applies for Letters of Administration, serving a similar function.
Can You Sell a Property Before Probate is Granted?
No, you cannot legally complete the sale of a property before receiving probate (or Letters of Administration). However, you can put the property on the market and accept offers while waiting for probate approval.
What You Can Do Before Probate is Granted
• Get a property valuation from an estate agent.
• Instruct a solicitor or conveyancer to handle the legal process.
• Market the property and accept an offer (but contracts cannot be exchanged yet).
When Can You Sell a Property After Probate?
Once the Grant of Probate (or Letters of Administration) is issued, the property sale can proceed. The executor or administrator now has the legal authority to sign contracts and complete the transaction.
Steps to Selling a Probate Property
1. Obtain the Grant of Probate – This typically takes 8–12 weeks, but complex cases can take longer.
2. Instruct an Estate Agent – Get a valuation and list the property for sale.
3. Prepare the Property – Decide whether to sell it as-is or make improvements.
4. Accept an Offer – Buyers must be aware that the sale is subject to probate completion.
5. Complete the Sale – Once probate is granted, contracts can be exchanged, and the sale finalized.
How Long Does it Take to Sell a Property After Probate?
The time frame varies, but selling a probate property typically takes 3–6 months, depending on market conditions and legal processes. If probate is delayed, the sale may take longer.
Can You Sell a Probate Property Fast?
Yes, if you need a quick sale, options include:
• Selling to cash buyers or investors who don’t require mortgages.
• Using auction sales, which can complete in 28 days.
• Selling to property buying companies, though offers may be below market value.
Key Takeaways
• You cannot complete a property sale before probate is granted.
• You can list and market the property while waiting for probate.
• Once probate is granted, the sale can proceed as normal.
• The process can take several months, but there are ways to speed it up.
If you’re handling a probate property sale, working with an experienced solicitor and estate agent can make the process smoother. While it may take time, understanding the steps involved ensures a stress-free transaction.
Would you like more guidance on selling a probate property? Get in touch for more guidance, a valuation and or a quick sale!
