Selling a house during probate is one of the largest practical tasks an executor faces and one of the easiest to get wrong. The property is often the most valuable single asset in the estate and decisions about marketing, pricing, insurance and the eventual sale carry real consequences for the beneficiaries and for the executor personally. The legal framework allows the property to be marketed before the grant is issued but completion cannot usually take place until the grant is in hand. Here we explain exactly what you need to know about selling a house during probate.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
The executor’s duty of care
Executors and administrators owe a duty to the estate to obtain the best price reasonably obtainable. The Trustee Act 2000 imposes a statutory duty of care that is broadly equivalent to acting as a prudent owner would. Selling too cheaply or selling without adequate marketing exposes the executor to claims from beneficiaries.
In practice this means obtaining at least two and ideally three valuations from local estate agents before instructing one to market the property, and keeping written notes of the rationale for the asking price and the eventual sale price.
What you can do before the grant
The property cannot legally be transferred without the grant of probate but it can be marketed. Most buyers will accept that completion will be subject to the grant being issued, provided it is honestly disclosed at the outset. Sales can be agreed and conveyancing can begin so that everything is ready to complete the moment the grant arrives.
Before the grant you should also secure the property — change locks if necessary, notify the insurer of the death, redirect post and arrange for the heating to be left on a low setting through winter. Most home insurance policies require notification within thirty days of the property becoming unoccupied or cover may lapse.
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Insurance during probate
This is the area where executors most often get caught out. Standard home insurance usually limits cover on an unoccupied property to thirty days. After that, cover for water damage, theft and malicious damage typically falls away unless specialist unoccupied property insurance is taken out. The cost is usually £400 to £900 per year depending on value and location.
If the property burns down or floods uninsured during probate, the loss falls on the estate. We always recommend executors put specialist cover in place within the first month and keep the documentation on file.
Valuation for inheritance tax
The property must be valued as at the date of death for inheritance tax purposes. For estates likely to be taxable, HMRC expects a formal valuation by a RICS-qualified surveyor rather than an estate agent’s market appraisal. The Inheritance Tax Act 1984 governs how the value is determined. A material difference between the date-of-death valuation and the eventual sale price within four years can trigger a downward adjustment of inheritance tax under section 191.
The 2026 inheritance tax thresholds are £325,000 nil-rate band plus up to £175,000 residence nil-rate band, with 40% above. The residence nil-rate band is particularly relevant because it specifically targets the family home. Our guide to probate costs explains how this interacts with the sale.
Completing the sale
Once the grant is issued the property can be transferred to the buyer. The grant is sent to the conveyancer along with a certified copy of the death certificate. Land Registry will update the register to show the executors as the registered proprietors before then transferring the title to the buyer on completion. This usually happens at the same Land Registry application.
The proceeds of sale go into the executor account and are then available to settle debts and distribute to beneficiaries. For wider context see our estate administration page and the Land Registry guidance.
Frequently Asked Questions
Can I market the property before the grant of probate?
Yes. Marketing can begin immediately after death and sales can be agreed subject to the grant being issued. Completion itself cannot take place until the grant is in hand.
Do I need specialist insurance when selling a house during probate?
Almost certainly. Standard policies usually restrict cover on unoccupied properties after thirty days. Unoccupied property insurance should be arranged within the first month to protect the estate.
How is the sale price treated for inheritance tax?
The date-of-death value is what counts for inheritance tax. If the eventual sale price is materially lower within four years, section 191 of the Inheritance Tax Act 1984 may allow the lower figure to be substituted.
Who decides the asking price when selling a house during probate?
The executor decides, but should do so after obtaining at least two independent valuations and consulting the beneficiaries where practical. The duty is to obtain the best price reasonably obtainable.
Can a beneficiary buy the property during probate?
Yes but only at the open market value supported by independent valuations. A sale at less than market value to a beneficiary is open to challenge by the other beneficiaries.
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📊 Get Fee EstimateIf you are about to put a property on the market as part of an estate, please call us first on 0800 214 216 for a same day callback. We will explain the legal steps and the insurance and tax points that matter before the For Sale board goes up.
Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (SRA 167489)
