Check authority and ownership first
Give an estate solicitor the title details, will if available and information about the executors or administrators. A beneficiary’s expectation of inheriting is not the same as present authority to convey the home.
GOV.UK guidance differs on marketing while awaiting probate. Get advice specific to the estate before marketing, committing to dates or making financial plans. Scotland uses confirmation and Northern Ireland has its own probate process.
Protect the asset during the wait
Check empty-property insurance conditions, keep the home secure and arrange necessary maintenance. Record estate spending and avoid distributing sale proceeds before debts and taxes have been resolved.
Ask which valuation is required for estate administration and tax. A cash buyer’s offer is not a substitute for a suitable date-of-death valuation.
Compare routes without rushing the estate
Obtain independent valuations and written costs for agent, auction and direct-buyer options. Consider carrying costs and the legal steps that still remain. A below-market sale can reduce what is available to pay debts or beneficiaries.
An estate can face tax on a gain after death, but its rules differ from an individual’s. Our individual CGT calculator is not an estate-tax assessment; ask the estate adviser.
Can you sell before probate is granted?
GOV.UK's probate guidance advises waiting for probate before marketing, while its selling guide says you can market while waiting. Ask your solicitor which approach is appropriate and when you can legally commit to a sale; authority depends on the estate and ownership.
Key steps
- Value the estate and the property for inheritance tax purposes.
- Apply for probate through gov.uk.
- Secure and insure the empty property (specialist unoccupied cover).
- Decide between agent, auction or cash sale.
- Distribute proceeds according to the will after debts and taxes.
Tax points
Inheritance Tax is based on the value at death. If the property is sold for more than that probate value, Capital Gains Tax may apply to the increase.
Sources & review
Last reviewed:
The selling guide allows marketing while awaiting probate, whereas the probate guide advises waiting. Get a solicitor's advice for your estate before marketing or committing to a sale. The individual CGT tool is not an estate-tax calculator.
- GOV.UK — Applying for probate
England and Wales: probate is the right to deal with an estate; this guidance advises waiting for probate before marketing or making financial plans.
- HMRC — Managing and selling estate assets
Tax points: an increase in value since death can create CGT for the estate; debts and taxes must be dealt with before distribution.
- GOV.UK — How to sell a home
England and Wales: selling costs, paperwork, leasehold information, valuations, chains and legally binding exchange (sections 2–7, 16–17 and 21–22).
Review dates record our source check, not the date a rule took effect. Rules can change; check the linked guidance before acting. Legal processes differ across the UK.