Selling a house during probate

Last reviewed 18 August 2026

The family home usually cannot be sold the moment it is inherited, for the buyer’s solicitor needs proof that the seller has the authority to sell — and that proof is the grant.

Marketing versus completing

You may put a sole-name property on the market and even agree a sale before the grant of probate is issued, but the sale cannot complete until the grant is in hand, since the executor needs it to transfer title. Jointly owned property held as joint tenants passes to the survivor and can be dealt with without a grant. Plan the marketing around the expected grant date to avoid keeping a buyer waiting.

Valuation and tax

Value the property at the date of death for inheritance tax, and keep the evidence — a surveyor’s valuation is stronger than an estate agent’s estimate where tax is in issue. If the property later sells for more than the probate value, capital gains tax may arise on the increase; if for less, a loss may sometimes be reclaimed. Take advice where the sums are large.

Sources. GOV.UK, Applying for probate; HM Land Registry (transfer of title); HMRC (date-of-death valuation, CGT on estate sales).