Property after death and probate

Last reviewed 18 August 2026

The family home is usually the largest asset an estate holds, and how it was owned decides almost everything about what must happen next.

How the property was held

Property owned as joint tenants passes automatically to the surviving owner by survivorship, and a grant is generally not needed to transfer it — only to deal with the deceased’s wider estate. Property in the deceased’s sole name, or a share held as tenants in common, does not pass automatically and normally requires a grant of probate before it can be sold or transferred.

Selling during probate

A sole-name property can be put on the market before the grant is issued, but the sale cannot complete until the grant is in hand, since the buyer’s solicitor needs proof of the executor’s authority to transfer title. Value the property at the date of death for inheritance tax, and keep the valuation evidence.

Sources. GOV.UK, Applying for probate; HM Land Registry practice on joint tenants, tenants in common and transfer of title.