April 10, 2025
Can You Sell A Property Before Probate Is Granted?
If you’ve recently lost or are planning the loss of someone close to you – even though it is an extremely devastating and upsetting time – unfortunately, there are so many rules that you have to be aware of; otherwise, you may be taken advantage of.
And one of the most common ones is whether or not you can sell a property before probate is granted, so that’s why today, we’re going to explain what probate is in simple terms, when it’s granted, whether or not you can, the exceptions, along with many frequently asked questions.
If you know someone who is going through this process right now, it may be worth sharing this with them to help them during this extremely sad time.
What is Probate and When is it Granted?
In regards to what probate is, this is the legal right to deal with someone’s possessions, savings/investments, property, and any asset worth anything when that person dies. As for who can apply for this probate, it is firstly based on who the executors are in the person’s will. Yet, if there is no will, then the closest living relative can apply for probate.
One massive part of this to remember if you’re part of the executors in the will is that it’s not going to be given to you unless you apply for the grant of probate. This is basically just the legal document that will give you the authority to manage all of the assets.
If there is no will, as we said previously, there needs to be someone who takes ownership of the ‘estate’. Therefore, if you’re the closest living relative to this person, you will receive a Grant of Letters of Administration. These two are similar but have clear distinctions – we recommend you read further on this.
Can You Sell a Home Before Probate is Granted?
So, in short, no, in most cases you can’t sell a property before probate is granted due to you not having legal authorisation to do so. However, there are some exceptions, such as when it’s held in trust, the property is owned as joint tenants, or there are tenants in common.
Just because you probably can’t sell the property right this second doesn’t mean you can’t prepare for the sale of the property if you know you’re going to be in this situation. Thus, it’s really important you follow our steps in the ‘What to Do if You Want to Sell the Property (Step-by-Step)’ section.
What Are the Exceptions in Selling Your Home Without Probate?
As we’ve just mentioned, there are some exceptions in selling your home: the property is held in trust, the property is owned as joint tenants, or there are tenants in common, so we’ll break that down here so you can understand exactly what that means:
| Exceptions | Definition |
|---|---|
| Joint tenants | This is if the property was jointly owned by two or more people (likely just a partner) – the ‘estate’ will automatically go to them without the need for probate. |
| Tenants in Common | If the property was co-owned but each person had a separate share, the share becomes part of their estate. Probate is needed to sell or transfer that share. |
| Held in Trust | Probate may not be needed here because if the property was in a trust before the person died, it’s controlled by the trust, not the estate. |
Of course, there are personal circumstances that may change whether you do or don’t need probate, so it’s always good to speak with a legal expert before you make any uninformed decisions.
What About Offers You Receive and Marketing of the Property?
As for the offers you receive and marketing of the property, this is perfectly fine. It’s okay to put your property on the market to receive interest and potential offers for the property (it’s probably just best to let the person or people buying the home know your situation), but this can really speed up the selling process after probate is granted.
As soon as your probate is granted, you can then go on to sell the property to those who were interested in the first place. This is definitely something that we would recommend doing (preparation before probate, that is), so you’re ready as soon as it goes through. It’s already a difficult process in really tough circumstances, so try not to make it even more stressful.
What to Do if You Want to Sell the Property After Probate (Step-by-Step)
If you want to sell the property after probate has been granted, here are exactly the steps you should take to do so:
- Value the property (how much probate will cost and how much the property will sell for)
- Apply for the grant of probate
- Speak to a trusted probate solicitor and estate agent in your local area
- Market the property (tell the potential buyers it’s subject to probate)
- Accept the offer and make the sale happen
- Exchange and complete once your probate is granted
This is not an easy process to go through and it’s certainly not as simple as it may sound in these steps, as there are a lot of phone calls, emails, negotiations, and time waiting involved in this. However, getting in touch with the relevant people to help you out is necessary if you want this to be as successful as possible.
Selling Property Before Probate FAQs
Oftentimes, there are a few specific questions that come up when we talk about selling a property when probate is involved, so here are some of the most frequently asked questions (FAQs) that get mentioned:
In short, yes, technically you can rent out the property during probate, but you need legal permission from the executor and make sure that all the beneficiaries agree beforehand. However, it is not something we would recommend, as this can lead to all sorts of legal challenges. So, in most cases, no you can’t, but it is possible so to speak.
Although you technically can’t speed up the probate process (anywhere from 6 weeks to 12 months depending on your situation), you can certainly prepare beforehand to make sure it’s as streamlined as possible. Some information you will need to gather beforehand includes:
- Death certificate
- Find the will (if there is one)
- Value the property and all the assets
- Prepare for any potential inheritance tax
- Address any debts that need to be paid
- Apply for probate
Technically, yes, you can live in a house while waiting for probate, but under certain rules. Only those who are named under the will can live in the house, but you still have to treat the property with respect and keep it in good condition for who it’s being sold to after probate is granted.
Until your probate is granted, it is best not to empty a house, as technically, you’re still not the legal owner of the property. We get there’s an emotional attachment to the house, but this could come with even more headaches, so it’s best to just leave it until probate is granted.
Liam is the founder of Liam Gretton – Wirral Estate Agent and has a vast experience in both buying and selling homes on the Wirral. His expertise has led him to become one of the Wirral’s leading estate agents.
