When someone you love passes, paperwork is the last thing you want to think about. But if you’ve been named as an executor, the house is often the largest item on the list. Selling an inherited house can feel daunting, and it’s usually the one task nobody feels ready to face.
It’s natural to feel unsure where to start, especially if you’ve never dealt with a property sale or an estate before. This guide explains the process in plain English, step by step, so you can move forward at a pace that feels right for you.
Can you sell a house before probate is granted?
Before anyone can deal with a person’s estate, they need formal authority to do so. That authority comes from the Probate Registry. Where there is a will, it is called a grant of probate. Where there is no will, it is called letters of administration.
Until the grant has been issued, nobody can legally transfer the property, so the sale cannot complete. You can still put the house on the market, arrange viewings and accept an offer in the meantime. You just won’t be able to exchange contracts until the grant is in hand.
If you decide to market the property at this stage, let your estate agent know and be open with any buyers who show interest. Most are perfectly happy to proceed when the position is clear from the outset. Difficulties usually arise only when it comes as a surprise later on.
In some situations, no grant is needed for the house at all. For example, if the property was owned jointly as “joint tenants”, it usually passes automatically to the surviving owner. We can check the title deeds and confirm the position before you take any further steps.
Do all executors need to sign the sale?
If the grant names three executors, all three must sign the contract and the transfer deed, even if only one of them has been handling things day to day.
This is usually straightforward, but please let us know early if an executor lives abroad, is unwell, or would prefer not to be involved. An executor who doesn’t wish to act can often step back before the grant is applied for, so they won’t need to sign at all. Each of these situations can be managed with a little forward planning.
Completing the property forms as an executor
As part of the sale, you’ll be asked to complete standard forms about the property, covering things like alterations, boundaries, guarantees and any disputes with neighbours.
Many executors find this stage uncomfortable, as it can mean answering detailed questions about a home they may never have lived in. If you don’t know the answer, “not known” is a perfectly proper response, and buyers expect to see it on an inherited sale. The important thing is not to guess. An answer given in good faith that later turns out to be wrong can still cause problems after completion.
Missing paperwork and indemnity policies
Homes that have been in a family for many years often have a few gaps in the paperwork, such as building work carried out without sign-off, a guarantee nobody can find, or a right of way that was never formally recorded.
In most cases, an indemnity policy resolves the issue. This is a type of insurance that protects the buyer against a specific risk. These policies are routine on inherited sales and are usually inexpensive, and we’ll advise you if one is needed.
Dividing the sale proceeds between beneficiaries
Where the sale proceeds are to be divided between beneficiaries, we’ll need written instructions on how the money should be distributed before completion.
We raise this early on purpose. Families sometimes remember arrangements slightly differently, and completion day isn’t the moment to discover that. Confirming everything in advance keeps the final stage calm and simple for everyone.
Frequently asked questions
Can I sell a house before probate is granted?
Yes, you can put the house on the market, arrange viewings and accept an offer before the grant is issued. However, you can’t exchange contracts or complete the sale until the grant is in hand.
How long does it take to sell an inherited house?
It varies. The two main factors are how long the grant of probate takes to be issued and how quickly a buyer is found. Starting the legal work early, through our free Sale Ready service, can help avoid delays once a buyer is in place.
Do I need probate if the house was jointly owned?
Not always. If the property was owned as “joint tenants”, it usually passes automatically to the surviving owner. If it was owned as “tenants in common”, the deceased person’s share forms part of their estate. We can check the title and confirm the position for you.
What if I don’t know the answers on the property forms?
That’s completely normal for an inherited sale. “Not known” is an acceptable answer, and buyers expect to see it. The most important thing is not to guess.
How our conveyancing team can help
We act on inherited sales regularly. You will have a named contact throughout, and our 24/7 online portal lets you check the progress of your sale at any time.
Our Sale Ready service, provided at no cost, allows the legal work to begin before a buyer has been found. That is often particularly useful on an inherited property, where the paperwork may need attention in any event.
There’s no need to have everything worked out before you contact us. Whether you’re ready to begin or would just like some guidance on where to start, we’re happy to help at a pace that suits you.
Get in touch today to discuss selling an inherited property.
