The short version
- Executors (or administrators, if there is no will) normally need a grant of representation before the sale can complete.
- You can usually market the property and agree a sale before the grant arrives.
- Inheritance tax, where due, must normally be paid by the end of the sixth month after the death.
- An empty home has ongoing costs: insurance conditions, council tax and security.
Who can sell the property
If there is a will, the executors named in it deal with the estate. If there is no will, the next of kin apply to become administrators. In both cases, the document that proves authority is the 'grant of representation', called a grant of probate where there is a will, or letters of administration where there is not. You apply to HM Courts & Tribunals Service.
If the property was owned as joint tenants, it usually passes automatically to the surviving owner and no grant is needed for that share. Your conveyancer can check how the property was held from the title register.
Timing: what can happen before the grant
The buyer's solicitor and HM Land Registry will need to see the grant before the sale completes and the buyer is registered as owner. In practice, executors often value the property, instruct a conveyancer and agree a sale while the application is processed, then exchange and complete once the grant is issued. Exchanging before the grant is sometimes possible but carries risk, so take legal advice first.
Inheritance tax and valuations
If the estate is liable for inheritance tax, payment is normally due by the end of the sixth month after the death, and interest is charged after that. Some tax on property can be paid in instalments. A realistic valuation of the property at the date of death is needed for the estate accounts, so get a proper valuation early.
Executors have a duty to act in the interests of the beneficiaries. An independent valuation helps you show that any price you accept, whether from an open-market buyer or a cash buyer, was reasonable.
Looking after an empty property
Tell the insurer as soon as possible. Many home policies limit cover once a property has been unoccupied for a set period, often around 30 days, unless you arrange unoccupied-property cover. Turn off water where sensible, keep the heating on a frost setting in winter, and check the property regularly.
Council tax rules for the homes of people who have died include an exemption while the estate waits for probate and for a period afterwards. Once that ends, an empty-homes premium may apply depending on the council. Check with the local authority.
Selling when beneficiaries disagree or live far away
Disagreements over whether to sell, or for how much, are common. A clear written valuation, an agreed timetable and regular updates usually help. Where beneficiaries live a long way from the property, a sale that does not need repeated viewings or clearance before completion can reduce the burden.
How Verified Property Buyers can help
- We can agree a sale while you wait for the grant, then complete once it is issued.
- We buy properties as they are. You do not need to clear, repair or redecorate.
- We work with your chosen solicitor and keep all executors updated in writing.
Want to see what waiting could cost? Try the selling-cost calculator, check recent sold prices, or request a cash offer.
Common questions
Can I sell a house before probate is granted?
You can usually market it and agree a sale, but the sale cannot complete until the grant of representation is issued.
Do I have to clear the house first?
Not if you sell to us. We can buy the property with contents, by agreement.
When is inheritance tax due?
Normally by the end of the sixth month after the death. Check the current position with HMRC or your adviser.