Tax · 5 min read
Capital Gains Tax during the administration of an estate
There is no Capital Gains Tax on death — assets are rebased to their probate value. Gains only arise if the estate then sells an asset for more than that value.
Written and reviewed by Ramani Gill, Founder & CEO — Solicitor, TEP, BA, LLM. Last reviewed 2026-08-19.
The rebasing rule
Assets acquire a new base cost equal to their date-of-death value. A gain arises only on the increase between that probate value and the eventual sale price, less the costs of sale.
The estate's allowance
- Personal representatives have an annual exempt amount for the tax year of death and the two following tax years
- It is a single allowance for the whole estate, not one per beneficiary
- Gains above it are taxed at the rates applying to trustees and personal representatives
Doing this yourself?
Our guided service walks an executor through valuations, the HMCTS forms and the estate accounts for a one-off £349.
Appropriation: the planning point
If the personal representatives appropriate an asset to the residuary beneficiaries before selling it, the sale is treated as theirs. Each beneficiary can then use their own annual exempt amount and their own tax rate, which often removes the charge entirely.
The 60-day property rule
Where UK residential property is sold at a gain, a standalone return and payment are due within 60 days of completion — long before any self assessment deadline.Losses
Losses made by the estate can be set against its gains in the same or later years of administration, but they cannot be passed to the beneficiaries.
Common questions
- Do beneficiaries pay CGT on an inheritance?
- Not on receiving it. They acquire the asset at its probate value and only pay tax on gains after that if they later sell it.
Not sure whether this estate is straightforward?
The free suitability checker asks about jurisdiction, disputes and complexity, and tells you in a few minutes whether a self-help route is sensible — or whether you should speak to a solicitor. No account needed.
Start the free checkerWhere this fits in the probate process
Related guides
- Can you sell a house before probate?
- Income tax during the administration period
- Inheritance Tax explained: the nil-rate bands
- Excepted estates: when you don't need a full IHT account
General information only, not legal or tax advice. Last checked 2026-08-19.