For an estate-owned property in England and Wales, establish who has authority to sell and whether a grant is needed. GOV.UK advises waiting for probate before putting the property on the market. Joint ownership and the rules in Scotland or Northern Ireland can change the route, so confirm the position with the conveyancer.
Build a property file for the authorised seller
Record ownership details, the grant position and the person authorised to instruct the conveyancer.
Keep insurance requirements and necessary property checks visible while the home is empty.
Separate estate valuation records from the later marketing price and final sale figures.
Example handover question: “Who confirms the completion date to the energy supplier, insurer and council, and who records the final meter readings?” Allocate those actions before keys change hands.
Is an estate-agent appraisal the same as every tax valuation?
Do not assume the figures are interchangeable. Record the purpose and date of each valuation and ask the relevant adviser what evidence is required for the estate or tax return.
Can relatives empty the property before ownership is clear?
Clarify authority and record belongings before disposal. Personal possessions may belong to the estate or another person; clearing the house should not obscure ownership or missing items.
The GOV.UK probate guide advises against marketing property before the grant and points to different rules in Scotland and Northern Ireland. Confirm any joint-ownership exception with the conveyancer. Follow the appropriate probate jurisdiction
For an OVO-supplied property, keep its bereavement process and final meter-reading requirements with the property handover checklist. OVO bereavement: contact, bills and closure
Do you need probate to sell a house?
If the person who died owned the house in their sole name, yes. HM Land Registry's practice guide 6 explains that a beneficiary does not become the legal owner until a grant of representation is obtained and the property is transferred to them. To register a transfer by an executor or administrator, the Land Registry needs a copy of the grant or a conveyancer's certificate that one has been issued. Without it, the buyer cannot be registered as the new owner.
Joint ownership changes the picture. Where a home was held by joint owners, the legal title passes to the survivor automatically when one owner dies. If they owned it as joint tenants, the whole property then belongs to the survivor, and GOV.UK confirms that land or property owned as joint tenants passes automatically to the surviving owners. If they were tenants in common, each owned a separate share, and the share of the person who died passes under their will or the intestacy rules. That share is dealt with through the estate. Our guide do you need probate? explains the difference in more detail.
Can you put a house on the market before probate is granted?
GOV.UK's advice is clear: you should not make any financial plans or put property on the market until you have got probate. The reason is practical. Once contracts are exchanged, the sale is legally binding and neither side can usually pull out without paying compensation, as the GOV.UK guide to selling a home explains. If the grant is delayed, you could be committed to a completion date you cannot meet.
That does not mean you have to sit still. While you wait for the grant you can:
get the property valued for Inheritance Tax
talk to estate agents and choose a solicitor or conveyancer
order an Energy Performance Certificate, which GOV.UK says you must have before you market a property
start sorting belongings with the family, at a pace that feels manageable
How is the house valued for Inheritance Tax?
The house is valued at what it was worth on the date of death. Where full details of the estate must go to HMRC, GOV.UK says you can get property or land valued by an estate agent or chartered surveyor. HMRC's Valuation Office may check the figure, and if it decides the property was worth more, HMRC sends a new tax calculation. An accurate valuation also matters later, because it becomes the starting point for any Capital Gains Tax.
Jointly owned property has its own rules. GOV.UK explains that where a home was owned as joint tenants with a spouse or civil partner, you divide its value by 2 to find the share of the person who died. Where it was owned with others, such as siblings, you divide the value by the number of owners and take 10% off the share of the person who died. In Scotland, where the other owners were not a spouse or civil partner, £4,000 comes off the value of the whole property before it is divided.
Two reliefs are worth knowing. If the house is sold for less than its probate value within 4 years of the death, you can claim relief with form IHT38. And Inheritance Tax on a house can be paid in yearly instalments, which helps if the estate has little cash. Our guides to Inheritance Tax and the residence nil rate band explain when a home left to children or grandchildren raises the Inheritance Tax threshold.
What happens with council tax, insurance and the mortgage while the house is empty?
Council tax. GOV.UK says that if you are selling a property on behalf of an owner who has died, you do not need to pay council tax until after you get probate, as long as the property stays empty. After probate is granted, you may get an exemption for up to another 6 months if the home is unoccupied and still in the name of the person who died. This is known as the Class F exemption in the Council Tax (Exempt Dwellings) Order 1992. If the home stays empty longer, the council may also waive the empty homes premium for up to 12 months after the grant. Contact the council to ask about both. Scotland has its own council tax rules.
Insurance. Tell the home insurer about the death straight away, and check what the policy says about unoccupied properties, because cover and conditions can change when a home is empty. Regular visits also help you spot problems early.
Mortgage. GOV.UK suggests asking the lender whether payments need to continue while you apply for probate. If they do, you can pay them yourself and reclaim the money from the estate, or check whether a life assurance or mortgage protection policy covers them.
Do you pay Capital Gains Tax when selling a probate property?
There is no Capital Gains Tax on death itself. HMRC's helpsheet HS282 explains that the estate is treated as acquiring the house at its market value on the date of death. Tax only arises if the house is later sold for more than that, after allowable costs.
If the executors sell the house themselves, any gain is taxed on the estate. Personal representatives pay Capital Gains Tax at 24%, as confirmed on GOV.UK's rates page. They can use the annual exempt amount (the Capital Gains Tax allowance), £3,000 for 2026 to 2027, for the tax year of the death and the 2 following tax years. For a UK residential property, the gain must be reported within 60 days of completion, and HMRC then contacts the personal representatives about payment.
Alternatively, the executors can transfer the house to the beneficiaries first. No Capital Gains Tax applies on that transfer, and the beneficiaries are treated as acquiring it at its date-of-death value. If they then sell, any gain is taxed on them at their own rates and with their own allowance. Which route costs less depends on the family's circumstances, so a tax adviser is worth consulting where a large gain is likely. If inheriting means a beneficiary now owns two homes, GOV.UK says they must tell HMRC which is their main home within 2 years.
What are the steps to sell a house in probate?
Check how the house was owned. Sole name, joint tenants or tenants in common decides whether it goes through the estate.
Value it as at the date of death and include it in the estate valuation.
Protect it. Insurance, council tax exemption, mortgage arrangements and regular visits.
Apply for the grant. See our guide on how to apply for probate.
Market the property with an estate agent once the grant is in hand, and instruct a conveyancer.
Exchange and complete. The conveyancer pays off the mortgage and costs from the proceeds.
Report any Capital Gains Tax within 60 days of completion.
Settle debts, then distribute the proceeds to beneficiaries and record everything in the estate accounts.
If a beneficiary is keeping the house rather than selling it, the executor transfers it to them with an assent, and HM Land Registry charges a Scale 2 fee based on its value.
How long does selling a probate property take?
Expect two stages. GOV.UK says you will usually get the grant within 12 weeks of applying, and Ministry of Justice figures for April to June 2026 show an average of about 5 weeks for probate grants. The sale itself then takes as long as any other: GOV.UK puts the average home sale at about 5 months, longer in a chain.
Is it different in Scotland and Northern Ireland?
In Scotland, executors need confirmation from the sheriff court rather than probate, and the house is listed in the inventory of the estate. The Scottish Courts and Tribunals Service notes that estates involving a house can be complicated and recommends legal advice for large estates. Scotland's conveyancing system and council tax rules also differ.
In Northern Ireland, nidirect says a grant is almost always needed where the person owned property or land in their own name or as tenants in common, and that the institution will usually need to see the grant before transferring the asset. Capital Gains Tax and Inheritance Tax rules are UK-wide, but local property charges and procedures differ, so check locally.
Utilities and keys: prepare a property handover record
An empty house still needs an agreed plan. Keep service decisions separate from the legal authority to sell.
Record who holds keys, who checks the property and where inspection notes are kept.
Ask suppliers which account arrangements apply while the property is empty or occupied.
Keep dated meter readings and photographs where it is safe and possible to obtain them.
At handover, record the date, readings, recipient of the keys and supplier references.
Octopus says it typically keeps a bereavement account open until sale or return of the keys and asks for the date and final readings. Follow your actual supplier's process and check the insurer's requirements for the property.
Track responsibilities in the executor handover log. Use Tell Us Once guidance for government notifications, not supplier closure.
How do you organise checks on an empty property from a distance?
Ask the insurer what conditions apply while the home is empty and record its answer. Agree who will visit, read meters and report urgent problems. Keep practical care of the property separate from authority to sell it, and do not publish access codes or key locations in a group message.
Prepare for the next conversation
Keep a private visit log with date, observations and follow-up.
Confirm insurance and essential-service arrangements with the relevant providers.
Record who holds keys without sharing security details widely.
Related next steps: Review OVO supply arrangements if it serves the property; Use EDF’s account process if it serves the property.
Frequently asked questions: Selling a probate house
Does the house have to be sold?
No. If the will or intestacy rules leave the house to someone, the executor can transfer it to them instead of selling. Debts and taxes still have to be paid first, which sometimes means a sale is needed after all.
Who pays the mortgage while waiting for probate?
Ask the lender whether payments must continue. If they must, you can pay them and reclaim the money from the estate once you have the grant, or check for a life assurance or mortgage protection policy that covers them.
Do you need probate if the house was in joint names?
Not if it was owned as joint tenants, because it passes automatically to the survivor. If it was owned as tenants in common, the share of the person who died goes through their estate.
How long do executors have to report Capital Gains Tax after selling?
For a UK residential property, any taxable gain must be reported within 60 days of the completion date.
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