Losing a loved one is one of life’s most difficult experiences, and dealing with their affairs in the weeks and months that follow can feel overwhelming. If you’ve been named as executor in a will, or you’re helping a family member navigate the process, you may have wondered whether you can begin the process of selling the property before probate has been granted.
It’s a completely understandable concern. Property is often the most significant asset in an estate, and beneficiaries are naturally keen to understand what steps can be taken, and when. The good news is that while a property usually cannot be formally sold until the Grant of Probate has been issued, there is quite a lot you can do in the meantime to keep things moving.
In this guide, our specialist probate and conveyancing solicitors walk you through everything you need to know.
What is probate and why does it matter for property?
Probate is the legal process through which a deceased person’s estate is formally administered. When someone dies leaving a will, the executor named in that will must apply to the Probate Registry to receive a document known as the Grant of Probate. This is the legal authority that allows the executor to deal with the estate — including selling or transferring property.
If the person died without a will (known as dying intestate), the process works slightly differently. In that case, a close relative can apply for Letters of Administration, and the person appointed is known as the administrator rather than the executor. The principles around property, however, are largely the same.
The reason probate matters so much when it comes to property is straightforward: the Land Registry will not allow a property to be sold or transferred unless the executor can prove they have legal authority to do so. Without the Grant of Probate, the conveyancing process simply cannot be completed.
Can you sell a property before probate is granted?
In most cases, no — a property cannot be legally sold until the Grant of Probate has been issued. However, this doesn’t mean you have to sit on your hands while you wait. Executors can begin taking important preparatory steps well before probate comes through, which can make a real difference to how quickly the sale progresses once you have the authority to proceed.
Before probate is granted, an executor can typically:
- Arrange a property valuation for probate purposes
- Instruct an estate agent and begin marketing the property
- List the property on portals such as Rightmove or Zoopla
- Accept an offer from a prospective buyer
- Instruct a solicitor to begin the conveyancing process
- Gather title deeds and other relevant documentation
The key point is that while you can prepare and even accept an offer, completion of the sale cannot take place until probate is formally in hand. Any buyer and their solicitor will be made aware of this from the outset.
Does it make a difference how the property was owned?
Yes — and this is an important distinction that many people aren’t aware of. The rules around probate and property can vary depending on how the property was owned.
Joint Tenants
Where a property was owned as joint tenants — the most common arrangement for married couples — the right of survivorship applies. This means that when one owner dies, their share passes automatically to the surviving owner. In this situation, probate is usually not required to sell the property, as ownership has already transferred by operation of law.
Tenants in Common
If the property was owned as tenants in common, the situation is different. Each owner holds a defined share of the property, and when one owner dies, their share forms part of their estate. In this case, probate will usually be required before the property can be sold or transferred.
If you’re unsure how a property was owned, we can help you check the title at the Land Registry and advise you on what steps are needed.
How long does probate take?
This is one of the most common questions we receive, and the honest answer is that it varies. In straightforward cases, the Grant of Probate can be issued within a few months of the application being submitted. However, more complex estates — particularly those involving inheritance tax, multiple properties, business assets, or overseas holdings — can take considerably longer.
It’s also worth being aware that HM Courts & Tribunals Service (HMCTS) has experienced backlogs in processing probate applications in recent years, which can add to waiting times. Working with an experienced probate solicitor can help ensure your application is prepared correctly and submitted without unnecessary delay.
Because of these timescales, many executors choose to begin the property sale process — including instructing an estate agent and solicitor — as early as possible, so everything is ready to move forward the moment the Grant of Probate arrives.
What can cause delays when selling a probate property?
Selling a property that forms part of an estate can sometimes take longer than a standard residential sale. It’s helpful to be aware of the most common reasons for delay so that you can plan accordingly:
- Waiting for the Grant of Probate to be issued by the Probate Registry
- Inheritance tax calculations and payments that must be resolved before probate can proceed
- Disputes between beneficiaries about how the estate should be handled
- Difficulties in valuing other estate assets, such as investments, business interests, or overseas property
- Missing or incomplete title documentation
- Properties in need of repair or clearance before they can be marketed
Starting the preparation process as early as possible — and taking legal advice at the outset — can help minimise these delays and reduce stress for everyone involved.
The executor’s responsibilities
Being named as an executor is both an honour and a responsibility. Executors have a legal duty to act in the best interests of all beneficiaries and to administer the estate in accordance with the terms of the will. When it comes to property, this means ensuring that any sale is handled properly, that a fair market value is achieved, and that the proceeds are distributed correctly.
It’s worth noting that executors can be held personally liable if they act outside their authority or make decisions that disadvantage beneficiaries. This is one of the key reasons why many executors choose to instruct a solicitor — not just for the conveyancing itself, but for guidance throughout the entire probate process.
When should you take legal advice?
We would always recommend speaking to a solicitor as early as possible when dealing with a property that forms part of an estate. Legal advice is particularly important if:
- The estate includes more than one property
- There are disagreements between beneficiaries
- Inheritance tax may be payable
- The property needs to be sold quickly — for example, to cover estate expenses
- The will is being contested or there are concerns about its validity
- The deceased did not leave a will and you need Letters of Administration
At Boyletts Law, we handle both probate and residential conveyancing under one roof, which means we can support you through the entire process — from obtaining the Grant of Probate through to completing the sale. Our team is experienced, approachable, and here to make what can be a difficult time as straightforward as possible.
Dealing with a loved one’s estate is never easy, and the legal side of things can feel daunting. But you don’t have to navigate it alone. Whether you’re at the very beginning of the probate process or you’ve already received the Grant of Probate and are ready to move forward with a sale, our team is here to help.  We’re proud to have strong relationships with a number of trusted local estate agents, allowing us to coordinate the entire process smoothly,from preparing the property for market and arranging the sale, through to completion. By working closely with the agents, we help ensure everything progresses efficiently, saving you time, reducing stress, and providing reassurance when you need it most.
We offer a free initial consultation, and our probate and conveyancing solicitors will take the time to understand your situation and explain your options clearly — without jargon, and without pressure.
Get in touch with us today on 01279 295047 or use our online contact form. We’re here Monday to Friday, with extended hours on Thursdays until 8pm.