Sell Your House
After Probate

While probate property is ‘in limbo’, it is technically owned by the executor of the deceased person’s estate. This person won’t take ownership of the title deed but is still responsible for who the property is given to – including selling it, if that is the appropriate outcome.

No, you cannot sell a house before probate is completed. While some people choose to prepare for a sale, perhaps by cleaning the property or carrying out viewings, the official exchange of contracts cannot take place until after a Grant of Probate has been issued.

It is up to the new owner of the property whether the house is sold. Even if the majority of friends or distant family want the property to be sold, it is ultimately only up to the new owner(s) what happens to it.

It is generally recommended that you do not do too much cleaning or renovating before the Grant of Probate has been secured. Not only is this frowned upon, but you may accidentally throw away a possession that now belongs to someone else.

Capital Gains Tax is a tax on the profit when you sell an asset that has increased in value since it was first bought.

You only owe capital gains tax on an inherited property (or shared) if you sell it for more than the amount it was valued at during probate. This can happen if you inherit a house, keep ownership of it for several years, and then decide to sell it further down the line.

Even in this instance, though, you might be able to avoid tax if the house has become your main residence.

Capital gains tax is charged at 18% for low-rate taxpayers and 28% for higher rate taxpayers. As of 2023, the annual tax-free allowance is £6,000 – which means that capital gains tax must be charged on everything over this.

For example, if a property rises in value from £500,000 to £600,000, then exactly £94,000 will be subject to capital gains tax.

It can be tempting to ‘crack on with things’ when you initially inherit a house.

Watching the property sit around and gather dust while legal paperwork is processed can be frustrating – and it is common for family or friends to want to empty a house before probate is completed.

Unfortunately, the UK law states that you should wait for probate to be completed before you can empty a house.

While not everyone abides by this, it is strongly recommended that you do, just to avoid any potential complications further down the line. For example, if the details of the Will are still not known, then you do not want to throw away something which might now belong to someone else.

No, you do not have to sell a property after probate if you don’t want to. Some people choose to live in the house themselves, or rent it out, while others decide that cashing in is the right choice. It is entirely up to you.

It is recommended that you do not tidy out a house before probate has been granted, as you may inadvertently throw away something that now belongs to someone else. However, not everyone follows this rule.

Once probate has been granted, you can clear out the house.

If the executor does not carry out their responsibilities as they should, then the UK court can technically remove the executor. They can then assign someone else (usually the next closest living relative) to replace them.

Yes, you can make a claim against an estate after probate. It is generally recommended that you do this as soon as possible, though, to avoid increased costs and greater difficulty recovering any assets that belong to you. You should also seek legal support with this process.

Once you receive a Grant of Probate, it will typically come with a confirmed figure for the value of the estate. This can then be used to help with distributing the estate.

An estate usually needs to go through probate when its total value is greater than £5,000. If the estate includes a probate property, then it will almost certainly require probate, because this will take the value over the threshold.

If you pass away, but your house is also in the name of your partner (who survives you) in a joint mortgage, then the house may transfer directly to them. In this instance, probate may not necessarily be required, depending on the size of the remainder of the estate.

If you do not have a surviving spouse, then probate will almost certainly be necessary.

The UK government keeps a record of any Grants of Probate that they issue. Using the government website, you can search through these records yourself.

Most of the time, when a loved one passes away, probate is needed. Even if the deceased person has not left a Will, their estate still needs to be dealt with, and probate is necessary to make that happen.

It is sometimes possible to avoid probate, although this will depend on the situation. If the deceased person’s estate has very little value (for example, less than £5,000) you may not need to go through probate. Similarly, if the person died with their assets jointly owned with someone else, then these assets will be transferred to the surviving individual.

Probate properties are not intrinsically less valuable, although they can be harder to sell if (as is often the case) they are in poor condition. Often, if a house has been owned by the same person for several decades, it may have outdated systems, or have experienced natural ‘wear and tear’. If these are noticeable, then it will reduce the value of the house.

Some people choose to renovate/modernise probate property before listing it on the market. However, this can be costly and time-consuming in the short term. If you want to avoid this dragged-out process, then selling to a cash house buyer could be an excellent option.

Property must go through probate if it does not automatically transfer to someone else whose name is on the mortgage. The value of the house, combined with the rest of the estate, must also be greater than £5,000.

A property goes to probate to determine who it is transferred to. A Grant of Probate gives the executor the legal right to carry out this transfer on behalf of the deceased.

While there is no one living in the probate property, you want to keep the house secure. You can do this by insuring any valuable belongings in the property, and installing security measures (such as alarms, or additional locks). Your deceased relative may not have needed these while they were living in the house themselves, but now that it is empty, these measures might be a worthwhile idea.

Yes, you can live in a probate house (if it is rightfully yours) while you decide what to do with it next.

When you inherit a probate property with tenants still living there, you become the new landlord. From here, you must follow the law and respect the rights of your tenants, just like in any other scenario. You cannot forcibly evict them without reasonable cause, although some people choose to offer a cash incentive to leave.