Yes. Once the grant of probate (or letters of administration, if there is no will) has been issued, the executors or administrators named on it can sell the house, exchange contracts and complete, with the sale money paid to the estate. HM Land Registry will not register a sale by an executor until they have the grant, and the buyer will need an official copy of it.
Much of the groundwork can be done earlier. This guide covers the process in England and Wales, how long it currently takes, the tax that can arise and how to look after the house while it is empty. Scotland and Northern Ireland have their own probate rules.
Probate is the legal right to deal with the property, money and possessions of someone who has died. The people who hold it are the personal representatives, and the document that proves it is a grant of representation:
HM Land Registry treats an executor as gaining title on the death, but the executor must still obtain probate before it will accept a transfer by them. An administrator has no authority at all until the letters of administration are issued.
If the house was owned jointly as joint tenants, it passes automatically to the surviving owner and no grant is needed for it. The survivor sends form DJP and an official copy of the death certificate to HM Land Registry. If the owners were tenants in common, the legal title still passes to the surviving owner, but the deceased's share of the value passes under their will or the intestacy rules. The survivor usually has to appoint a second trustee before a sale, and the personal representatives need a grant to receive the deceased's share of the proceeds. Take legal advice in that case.
Before applying you must value the estate at the date of death and find out whether Inheritance Tax is due. A house can be valued by an estate agent or chartered surveyor, and HMRC's Valuation Office may check the figure.
For deaths on or after 1 January 2022, most estates are "excepted estates": no tax is due, no full account goes to HMRC, and you give estimated values in the probate application. An estate is usually excepted if, for example, it is below the £325,000 threshold, or worth £650,000 or less with a late spouse's or civil partner's unused threshold transferred. If tax is due or full details are needed, you must send form IHT400 to HMRC within 12 months of the death, start paying any tax, and wait for a code from HMRC before you can apply for probate.
You can apply online or by post. Since 6 July 2026 the fee is £526 where the estate is worth more than £5,000 (previously £300), with no fee for smaller estates. Extra copies of the grant cost £2 each if ordered with the application.
GOV.UK says you will usually get the grant within 12 weeks. Ministry of Justice statistics for April to June 2026, published on 24 September 2026, show probate grants took about 5 weeks on average from application: around 2 weeks if the application was not stopped, and 14 weeks if it was stopped for a query, an error or a dispute. Letters of administration averaged around 10 weeks without a will and 22 weeks with a will annexed. None of this includes the time spent valuing the estate beforehand.
GOV.UK advises not to put a property on the market until you have the grant. Some executors of straightforward estates prepare in advance and start marketing once the grant is expected soon, but in practice contracts are not exchanged until it has been issued, because HM Land Registry will not register the sale without it and an administrator has no authority to sell before then. A buyer left waiting may pull out. If the will could be disputed, wait for the grant.
Tell the home insurer about the death and ask them to keep insuring the property. If they will not cover an empty home, Citizens Advice recommends finding an insurer that will; some specialise in unoccupied homes. Keep basic utilities connected.
No council tax is payable on a home left empty since the owner died until the grant is issued (the Class F exemption). After the grant, the exemption can continue for up to 6 months while the house is unoccupied and still in the deceased's name. Contact the local council to claim it. After that, normal council tax applies. If the house has been empty for a year or more, councils in England can charge an empty homes premium, but they may not charge it for up to 12 months after the grant.
A sale goes more smoothly when beneficiaries agree on price and timing, so if one would rather keep the house, settle that before marketing. If there is a mortgage or equity release, ask the lender early for the redemption figure.
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain family members and dependants can ask the court for reasonable provision from the estate. A claim must normally be made within 6 months of the grant, though the court can allow a later one, and personal representatives who distribute after those 6 months are protected from personal liability for not allowing for a late claim.
Under section 27 of the Trustee Act 1925, personal representatives can advertise for creditors in The Gazette and a local newspaper, allowing at least 2 months for claims. After that they can distribute without being personally liable to creditors whose claims they had not been told about.
Both rules affect when the money is paid out, not the sale to a buyer; section 27 expressly protects a purchaser. If a claim is threatened, take legal advice before selling.
The nil-rate band is £325,000. The residence nil-rate band adds up to £175,000 where a home passes to children (including adopted, foster and stepchildren) or grandchildren, tapering away by £1 for every £2 the estate is worth over £2 million. Unused bands can pass to a surviving spouse or civil partner. Both bands are fixed until 5 April 2031, and tax is 40% on the value above the threshold. Selling the house does not lose the residence nil-rate band: an estate still qualifies if the personal representatives sell the home and pass the proceeds to the direct descendants.
Inheritance Tax is due by the end of the sixth month after the death, and HMRC charges interest after that. You usually have to pay some before the grant is issued, which is awkward when most of the value is in the house. The tax can be paid from the deceased's bank accounts (form IHT423), and tax on a house can be paid in 10 yearly instalments, usually with interest, with the balance payable once the house is sold.
If the house sells for less than its value at death, the person liable for the tax can claim on form IHT38 to have Inheritance Tax worked out on the sale price. The sale must normally be within 3 years of the death; a sale in the fourth year counts only if it is at a loss. The claim covers all land that person sells in the period, and it does not apply if the difference is less than the lower of £1,000 and 5%, or to a sale to a beneficiary or their close family. The claim must be made within 4 years of the end of the 3-year period.
The personal representatives are treated as acquiring the house at its market value on the date of death, so Capital Gains Tax is due only on any rise in value after that, less allowable costs. They have a £3,000 annual exempt amount in the tax year of death and each of the next 2 tax years, and pay 24%. If tax is due, they must report it within 60 days of completion; HMRC then tells them how to pay. A loss on the sale cannot be passed to the beneficiaries. If the house is instead transferred to the beneficiaries and they sell it, each is treated as acquiring their share at its date of death value and uses their own allowance and tax rate.
An estate agent can give a valuation at the date of death for the Inheritance Tax figures, kept separate from advice on today's asking price; advise when to launch so a buyer is not left waiting for the grant; arrange access and viewings when the family live elsewhere; and handle the marketing of the property, keeping the buyer and both conveyancers in touch through to completion. If you are dealing with a house in or around Cambridge, RAH can value it and talk you through the options before the grant arrives.
This article is general information, not legal or tax advice. Speak to a solicitor, licensed conveyancer or tax adviser about the estate you are dealing with.
Not in practice if it was in the deceased's sole name: the sale cannot be registered until the grant has been issued, so contracts are not normally exchanged before then. A house owned as joint tenants passes to the surviving owner, who can sell without a grant.
Straight away. Personal representatives can exchange and complete as soon as the grant is issued, but may hold the money until 6 months after the grant, when the normal time limit for Inheritance Act claims has passed.
GOV.UK says to expect the grant within 12 weeks. Official figures for April to June 2026 show an average of about 5 weeks for probate grants and longer for letters of administration.
£526 for estates worth more than £5,000 since 6 July 2026, with no fee for smaller estates.
Not until the grant is issued, as long as the house has stayed empty since the death, and for up to 6 more months while it is unoccupied and still in the deceased's name.
