Quick answer
You can put an inherited house on the market before probate is granted, but in most cases you cannot legally complete the sale until you have the grant of probate (or letters of administration). The main exception is a home owned as joint tenants, which passes automatically to the surviving owner and may not need probate at all.
If your situation is urgent, call 0800 324 7949. Lines are open 24 hours, 7 days a week.
Faster Property Solutions is a property problem-solving firm. We are not a lowball "we buy any house" cash buyer; we help executors and beneficiaries sell at full market value through a structured process. We are a member of The Property Ombudsman (member ID 27780) and registered with the ICO (ZA578580). We are registered in England and Wales and work with sellers across England and Wales.
Losing someone is hard enough without a confusing legal process on top of it. This guide explains, in plain English, when you can and cannot sell an inherited home, how long probate usually takes, and how tax fits in. It is general information rather than legal or tax advice, so please treat your own solicitor or accountant as the final word on your circumstances.
Can you put a house on the market before probate is granted?
Yes. There is an important difference between marketing a property and completing a sale, and the two are governed by different rules.
What you can do before the grant: you can instruct an agent, get the property valued, list it, hold viewings, accept an offer in principle and even begin the conveyancing groundwork. None of that requires probate.
What you generally cannot do before the grant: you cannot usually exchange contracts and complete the sale, because the executor or administrator has no legal authority to transfer the deceased person's property until the grant is issued. GOV.UK describes probate as the legal right to deal with someone's property, money and possessions, their estate, when they die. Until you hold that authority, you cannot pass good title to a buyer.
In practice many executors start marketing early to save time, then time exchange and completion to land once the grant comes through. A serious buyer who understands probate sales will usually wait, especially if the rest of the process is moving.
Does every inherited house need probate before it can be sold?
Not always. Whether you need probate to sell depends mainly on how the property was owned.
Joint tenants: if the deceased owned the home as a joint tenant with someone else (commonly a spouse or partner), their share passes automatically to the surviving owner by the right of survivorship, regardless of what any will says. The survivor can often deal with the property without a grant of probate, although they will usually need to update the title at HM Land Registry using the death certificate.
Tenants in common: if the property was owned as tenants in common, the deceased's share passes under their will or, if there is no will, under the rules of intestacy, not automatically to the co-owner. Dealing with that share normally requires a grant.
Sole ownership: if the deceased owned the property outright in their sole name, you will almost always need a grant of probate (or letters of administration if there is no will) before you can sell.
If you are unsure how the property was held, a conveyancing solicitor can check the title at HM Land Registry quickly. It is the single most important fact to establish early, because it determines your whole timeline.
| Ownership type | What happens on death | Probate usually needed to sell? |
|---|---|---|
| Joint tenants | Share passes automatically to the surviving owner by survivorship | Often no, but the title needs updating |
| Tenants in common | Share passes under the will or intestacy rules | Yes, for the deceased's share |
| Sole owner | Whole property passes under the will or intestacy rules | Yes |
How long does probate take to sell a house?
This is the question most executors really want answered, because the property cannot complete until the grant is through.
According to GOV.UK, you will usually get the grant of probate or letters of administration within around 12 weeks of submitting your application, and it can take longer if you are asked to provide more information or the estate is complex. Some straightforward online applications now come through more quickly than that, while complicated or paper applications can take longer. [REVIEWER: confirm current GOV.UK probate timescale on the "After you've applied" page; it currently states "within 12 weeks", treat as a typical figure that can be shorter for simple digital applications and longer for complex estates, and refresh annually.]
That 12 weeks is only the grant stage. Your full timeline also includes the work before you apply (valuing the estate, sorting out any Inheritance Tax, completing the application) and the conveyancing after the grant. As a rough guide, many estates take several months from the date of death to a completed property sale, and complicated estates take longer.
What you can do to keep things moving:
Market the property and find a buyer while the grant is being processed.
Get the estate valued and the probate application submitted as early as you reasonably can.
Instruct a conveyancing solicitor early so the legal pack is ready when the grant arrives.
Keep your buyer informed, so they understand why completion is timed to the grant.
How long after probate can you sell?
Once the grant of probate or letters of administration are issued, there is no fixed waiting period. You can exchange and complete as soon as the conveyancing is ready, which is exactly why starting that work early matters.
If you have already lined up a buyer and the searches are done, completion can follow the grant quite quickly. If you only start looking for a buyer after the grant, you then add the usual marketing and conveyancing time on top.
Do all beneficiaries have to agree to sell?
It depends on who holds the legal authority and how the estate is structured.
The executor (named in the will) or administrator (appointed where there is no will) is responsible for dealing with the estate, which includes selling property where that is needed to carry out the will or distribute the estate. They have a legal duty to act in the best interests of the estate and its beneficiaries.
Where beneficiaries inherit a property jointly, or where the will leaves the house to more than one person, things can become more delicate. Selling, transferring or keeping the property may need agreement, and disputes do happen. Citizens Advice and GOV.UK both recommend getting legal advice where there is disagreement, because the right route depends on the specific facts.
What happens if one sibling refuses to sell?
This is one of the most common probate flashpoints. If siblings inherit a house together and one wants to keep it while the others want to sell, you generally have a few options.
Buy-out: the sibling who wants to keep the property buys out the others' shares at an agreed value, often funded by a mortgage or savings.
Sale by agreement: everyone agrees to sell on the open market and split the proceeds according to the will or intestacy rules.
Mediation: a neutral third party helps the beneficiaries reach an agreement without going to court.
Court application: as a last resort, a co-owner can apply to court for an order for sale. This is slow, stressful and expensive, so it is usually a last option.
If feelings are running high, take legal advice early. A solicitor can set out each person's rights clearly, which often defuses the situation before it escalates.
What is the probate value versus the sale price?
When someone dies, the estate has to be valued, including any property. The figure used is the property's open market value at the date of death, often called the probate value. GOV.UK explains that you must value the estate to work out whether Inheritance Tax is due and to apply for probate.
The sale price is simply what the property eventually sells for. The two figures matter because the gap between them can have tax consequences, which we cover next. For that reason it is worth getting the probate valuation right rather than guessing, ideally with a professional valuation or estate agent evidence to support it.
Do you pay capital gains tax when you sell an inherited house?
Inheriting a property does not itself trigger Capital Gains Tax (CGT). HMRC's guidance is that you do not pay Capital Gains Tax when you inherit; you only have to consider it if you later sell the property.
When you do sell, the value of the property at the date the person died (the probate value) is used as your starting point. If the property has gone up in value between that probate value and the price you eventually sell it for, that gain may be subject to Capital Gains Tax. GOV.UK explains that you will pay it if you make a profit when you sell a property that is not your main home. Whether any tax is actually due, and how much, depends on the size of the gain, your other circumstances, and the allowances and reliefs that apply at the time.
Timing also matters. For most sales of UK residential property where CGT is due, HMRC currently requires you to report and pay within 60 days of completion, so it is worth knowing in advance whether a gain is likely. [REVIEWER: confirm the current CGT-on-UK-property reporting and payment window; HMRC currently states 60 days from completion.]
Separately, the estate itself may owe Inheritance Tax, which is a different tax assessed on the value of the estate. GOV.UK and HMRC explain when Inheritance Tax applies and how it is paid. Inheritance Tax and Capital Gains Tax are not the same thing, and an estate could face one, both or neither.
We have deliberately not quoted specific rates or allowances here, because they change and getting them wrong could cost you. [REVIEWER: confirm current 2026/27 CGT allowance and rates] Please treat this as general information and speak to an accountant or tax adviser about your own position.
The practical route: marketing now, completing on the grant
For most executors selling an inherited home, the sensible plan looks like this:
Step 1. Check how the property was owned (joint tenants, tenants in common or sole owner) so you know whether you need probate at all.
Step 2. Get a date-of-death valuation for the probate value and instruct a solicitor.
Step 3. Value the estate, deal with any Inheritance Tax, and apply for the grant as early as possible.
Step 4. Market the property in parallel, find a buyer and progress the conveyancing.
Step 5. Exchange and complete once the grant is issued.
Running the marketing and the probate application alongside each other, rather than one after the other, is usually the single biggest time saver.
How Faster Property Solutions helps executors
If you need to sell quickly, perhaps because the estate has bills to meet, the property is empty and at risk, or beneficiaries simply want matters settled, we can help you sell at full market value through a structured process once the grant is in place.
We are a property problem-solving firm, not a lowball "we buy any house" operation. In the right circumstances we can advance the costs needed to stop an immediate crisis, such as arrears, solicitor fees on both sides and removal costs, then sell your home at full market value through a structured process. Our margin comes from the upside of the sale rather than from your equity, so you pay nothing out of pocket. [REVIEWER: verify the cost-advance and "pay nothing out of pocket" mechanism wording against current FPS service terms before publishing.]
If the estate includes a property you want to sell an inherited property fast for cash, it is worth understanding how a cash sale actually works and what it pays before you decide. And if the estate has a mortgage that has fallen behind, our mortgage arrears help sets out the options for clearing the debt.
Frequently asked questions
Can you put a house on the market before probate is granted?
Yes. You can instruct an agent, list the property, hold viewings and accept an offer before probate. You usually cannot exchange contracts and complete the sale until the grant of probate or letters of administration are issued.
How long after probate can you sell?
There is no minimum waiting period. Once the grant is issued you can complete as soon as the conveyancing is ready, which is why it pays to find a buyer and progress the legal work while the grant is still being processed.
Do all beneficiaries have to agree to sell?
The executor or administrator has authority to deal with the estate, including selling property where that is needed. Where a home is inherited jointly or left to several people, agreement may be required and disputes can arise, so legal advice is wise.
What is the probate value versus the sale price?
The probate value is the property's open market value at the date of death, used to value the estate. The sale price is what it eventually sells for. The difference between the two can affect Capital Gains Tax.
Do you pay capital gains tax when you sell an inherited house?
Inheriting a property does not itself trigger CGT, but if the property rises in value between the probate value and the sale price, the gain may be subject to Capital Gains Tax when you sell. Whether tax is due, and how much, depends on your circumstances and the allowances at the time, so check with an accountant.
What happens if one sibling refuses to sell?
Options usually include a buy-out of the other shares, a sale by agreement, mediation, or as a last resort a court application for an order for sale. Taking legal advice early often resolves matters before they escalate.
What to do next
If you are an executor or beneficiary dealing with an inherited property and you want to move quickly, call us on 0800 324 7949. Lines are open 24 hours, 7 days a week.
When you are ready, you can also sell an inherited property fast for cash, and if the property is at risk because the estate has fallen behind, find out how to stop repossession of the estate's property.
Sources
GOV.UK: Applying for probate (what probate is and the legal right to deal with the estate)
GOV.UK: Applying for probate, after you've applied (grant usually within 12 weeks)
GOV.UK: How to value an estate for Inheritance Tax and report its value
GOV.UK: Tax on property you inherit (Capital Gains Tax on inherited property)
Citizens Advice: Dealing with the financial affairs of someone who has died
This article is general information and is not regulated financial or legal advice. Tax and probate rules change and depend on your individual circumstances, so please consult a solicitor or accountant before acting. Faster Property Solutions is a member of The Property Ombudsman (member ID 27780) and is registered with the ICO (ZA578580). Registered in England and Wales; coverage England and Wales.