Can I sell a house without beneficiary consent?

As executor, you generally have the authority to sell estate property without obtaining the consent of each individual beneficiary, as long as you are acting in the best interests of the estate. However, if beneficiaries are entitled to the property specifically (as a specific gift in the will), you would need to consider their rights carefully. Take legal advice if there is any doubt.

Do I need a solicitor to sell a probate property?

You will need a conveyancing solicitor to handle the legal side of the property sale, as with any property transaction. They will also need to see the Grant of Probate before they can complete. Whether you also use a probate solicitor for the wider estate administration is a separate question.

What if the property sells for less than the probate value?

If the property sells for less than the probate value used for Inheritance Tax, you may be able to claim a refund of overpaid IHT through HMRC's relief for sale of land at a loss. This must be claimed within four years of the end of the tax year in which the death occurred. Take advice from an accountant if this applies.

Who pays council tax on an empty probate property?

The estate pays council tax on a vacant probate property. Most local authorities grant a council tax exemption for up to six months while probate is being obtained. After the exemption expires, council tax is payable from estate funds. Contact the local authority to register the exemption as soon as possible.

Can an executor live in the probate property?

An executor can live in a probate property, but this can create complications. You should obtain the consent of the beneficiaries, ensure that any occupation is properly documented, and be careful that your occupation does not adversely affect the sale price or delay the administration. Take legal advice to protect yourself.

Do I need a Grant of Representation before completing a property sale?

Yes. You can market the property and accept an offer before the grant is issued, but you cannot legally complete the sale until you have obtained the Grant of Probate or Letters of Administration. HM Land Registry will not register the transfer without seeing the grant.

Selling a house during probate: what executors need to know

Selling a property that forms part of an estate is one of the most significant tasks an executor faces. The process involves practical, legal, and tax considerations that are different from a standard property sale. This guide explains what you need to know at each stage.

Can you market a property before probate is granted?

Yes. You can instruct an estate agent and accept an offer before you have received the Grant of Probate. However, you cannot legally complete the sale until the grant is issued. Many executors market the property early to avoid unnecessary delays, on the understanding that exchange and completion will follow once probate is granted.

Buyers should be made aware that completion depends on the grant being issued. Most buyers and their solicitors are familiar with this situation.

Valuing the property for Inheritance Tax purposes

Before applying for probate, you need to establish the property's open market value at the date of death. This is not the same as asking an estate agent for a sale price.

For Inheritance Tax (IHT) purposes, HMRC expects the open market value at the date of death. A formal valuation from a RICS-qualified surveyor is generally the more defensible approach for probate: HMRC is less likely to challenge a figure supported by a written RICS report than one based on an estate agent's estimate alone. For higher-value properties or where IHT is likely to be due, a RICS valuation is strongly advisable.

HMRC carries out compliance checks on property valuations and may compare the probate value against the eventual sale price. If the property later sells for significantly more than the probate value, HMRC may investigate. Undervaluing a property to reduce an IHT liability is a serious matter. Always aim for an accurate market valuation.

Notifying the mortgage lender

If the property has a mortgage, notify the lender as soon as possible after the death. Most lenders have a bereavement team and will temporarily suspend or modify payment arrangements while probate is in progress. Interest will typically continue to accrue. The mortgage remains a secured debt and must be repaid from the proceeds of the sale.

Vacant property insurance

Standard home insurance policies often become void or provide limited cover if a property is unoccupied for more than 30 or 60 days. Contact the insurer immediately after the death to check the position. If the property is likely to be vacant for a significant period, you may need to arrange specialist unoccupied property insurance.

As executor, you have a duty to protect estate assets. Failing to maintain adequate insurance could expose you to personal liability if the property is damaged while unoccupied.

Council tax on a vacant probate property

A property is exempt from council tax for up to six months while it is unoccupied and forms part of an estate where probate has not yet been granted. Once probate is granted, the six-month exemption period begins if it has not already started. After the exemption expires, council tax becomes payable in full from estate funds. Some local authorities also apply a council tax premium on long-term empty properties; contact the local authority early to understand when the exemption expires and what charges may apply thereafter.

The executor's duty to get the best price

As executor, you have a legal duty to act in the best interests of the estate and its beneficiaries. This means taking reasonable steps to obtain the best achievable price for the property, not simply accepting the first offer.

You should instruct a reputable local estate agent, consider whether the open market or a specialist probate property service is more appropriate, and take advice if you receive an offer that seems significantly below market value.

Capital Gains Tax during the administration period

If the property increases in value between the date of death and the date of sale, the gain may be subject to Capital Gains Tax (CGT). The base cost for CGT purposes is the probate value, not the original purchase price.

Executors have the benefit of the full annual CGT exempt amount in the tax year of death and the two following tax years. After that, the exemption is significantly lower. If the administration is taking a long time, the CGT position becomes more important to monitor.

CGT is reported and paid by the executor via HMRC's estate administration process. If gains are significant, take advice from an accountant.

Joint tenancy vs tenants in common

How the property was owned affects what happens to it:

Joint tenants. The property passes automatically to the surviving owner by the right of survivorship. It does not form part of the probate estate, though it may be relevant to IHT calculations.
Tenants in common. The deceased's share of the property forms part of their estate. It must be dealt with through probate. The surviving co-owner does not automatically inherit the deceased's share.

Check the Land Registry title for the property to confirm how it was held. The register will state whether a restriction is in place, which indicates tenants in common.

Typical timeline from death to completion

As a rough guide:

Death to death certificate: 5 days.
Valuation and IHT forms: 4 to 8 weeks.
Probate Registry processing: 8 to 20 weeks.
Marketing, offer, and conveyancing: 8 to 16 weeks.

Total time from death to completion is often six months to over a year. Starting the marketing process early, while probate is being processed, can significantly reduce the overall timeline.