How soon can you sell a house after probate is granted?

By Chris Watts, Will Writer – Fern Wills & LPAs

Last verified: 5 September 2025 (England & Wales)

Quick-read summary

Once a grant of probate (or letters of administration) is issued, the executor has authority to administer the estate, which includes selling the deceased’s property. In practice:

• You can market the property before probate, but most conveyancers will not exchange or complete until the grant is produced.
• A grant is required for property in the sole name of the deceased; joint ownership depends on how it was held.
• The chosen sale route — estate agent, auction, or cash buyer — affects timelines, certainty, and net outcome.
• Executors must factor in tax deadlines (60-day CGT rule) and empty-property costs (council tax, insurance, utilities).

Practical checklist

• Confirm property ownership and whether a grant is required (sole vs joint; joint tenants vs tenants in common).
• Apply for probate promptly and prepare the property during the waiting period.
• Decide on the sale route: estate agent / auction / cash buyer.
• Allow for typical timelines: estate agent (5–7 months), auction (~28 days), cash buyer (1–4 weeks).
• Budget for holding costs: council tax, insurance, utilities, upkeep.
• If there’s a gain, report and pay Capital Gains Tax within 60 days of completion.

What to consider

Legal authority. HM Land Registry confirms that if a property is held solely by the deceased, a grant of probate (or letters of administration) is required before sale. Joint ownership outcomes depend on whether the property was held as joint tenants (automatic survivorship) or tenants in common (probate usually needed)—marketing vs exchange. You may list the property and negotiate offers before the grant, but most solicitors will not exchange contracts until probate is issued—sale routes.

• Estate agent: Broad market exposure; slower and vulnerable to fall-throughs.
• Auction: Certainty once the hammer falls; traditional auctions typically complete in ~28 days, modern auctions in ~56 days.
• Cash buyer: Fastest option, but usually at a discount — proceed with care.

Costs of delay. Empty properties remain liable for council tax, insurance, and maintenance. Many councils allow a Class F exemption until probate is granted, and sometimes for up to six months afterwards, but policies vary. Tax. The personal representatives must report and pay Capital Gains Tax on residential property within 60 days of completion if there is a chargeable gain.

How this works in real life

Mr Davis — choosing an auction for speed and certainty.

Mr Davis’s children were executors of his estate, which included a house in need of modernisation. We outlined three sale options — estate agent, auction, and cash buyer — highlighting the likely timelines, risks, and ongoing costs associated with each. With probate due soon and council tax charges looming, they chose a traditional auction. The property was exchanged on the day and completed in 28 days, avoiding several months of holding costs while still achieving a fair price.

Mrs Cole — preferring a conventional agent.

Mrs Cole wanted to aim for the maximum sale price. We explained the longer timelines and risk of fall-through. She instructed an estate agent. Although the first buyer’s chain collapsed, she ultimately completed the sale a few months later. It was slower and more costly to hold the property, but it aligned with her priorities. Importantly, she felt she had made an informed choice thanks to knowing all the options.

FAQs

Can we market the house before probate is granted?

Yes. You can list and accept offers, but exchange and completion typically occur after the grant is issued. Do we always need to go through probate to sell?

For sole-owned property, yes. For joint tenants, the survivor usually inherits automatically. For tenants in common, probate is usually still required. How soon after probate can we sell the property?

Immediately, there is no statutory waiting period once the grant is issued. What’s a typical auction timetable?

Traditional auctions typically conclude in about 28 days, while modern auctions can take around 56 days. Who pays the bills until the sale completes?

The personal representatives (executors or administrators) must settle these from the estate until the property is legally transferred or sold. Class F exemptions may help for a limited time.

Optional Technical Notes (for those who want the detail…)

• Probate requirement: HM Land Registry guidance confirms probate is required to sell sole-owned property.
• Exchange of contracts: Consumer guidance notes that contracts usually cannot be exchanged until probate is granted.
• Auction timelines: RICS and consumer auction guidance confirm 28-day (traditional) and 56-day (modern) completion periods.
• CGT deadline: GOV.UK confirms personal representatives must report and pay CGT on residential property within 60 days.
• Council tax: Class F exemptions usually apply until probate and sometimes up to six months afterwards; policies vary by local authority.

Sources & further reading

• HM Land Registry – What to do when a property owner dies
• HomeOwners Alliance – Selling a probate house
• RICS – Property auctions consumer guide
• GOV.UK (HMRC) – Report and pay Capital Gains Tax on UK property
• Example: Merton Council – Council tax Class F exemption

Next steps

If you are acting as an executor, planning early makes the process smoother. Preparing the property, considering sale routes, and budgeting for holding costs ensures you make the best decisions once probate is granted. At Fern Wills & LPAs, we can help you understand your options and, where needed, provide introductions to trusted partners for probate and conveyancing.