Can you sell a house before probate is granted?

You can get valuations, instruct an estate agent, market the property and accept an offer before the grant — all 'subject to probate'. But you cannot complete the sale, and usually cannot safely exchange contracts, until the grant is issued.

Can we exchange contracts before the grant?

It is possible with a co-operative buyer and careful drafting, but the estate risks damages if the grant is delayed. Most conveyancers advise against it.

Can you put a house on the market before applying for probate?

Yes. Many executors market the property as soon as the estate is valued, making clear to buyers that completion waits for the grant. This often shortens the overall timeline.

What if the sale price differs from the probate value?

Sell for more than the probate value and the estate may owe Capital Gains Tax on the increase. Sell for less within four years of death and loss on sale relief may reduce the Inheritance Tax where tax was paid.

Process · 6 min read

Can you sell a house before probate?

The short answer: you can do almost everything short of exchanging and completing before the grant arrives. You can market a property before the grant, but you cannot complete a sale without it. Understanding that gap keeps the chain calm and the buyer patient.

Written and reviewed by Ramani Gill, Founder & CEO — Solicitor, TEP, BA, LLM. Last reviewed 2026-08-19.

What you can do, and when

Stage	Possible before the grant?
Get valuations and instruct an agent	Yes
Market the property and accept an offer	Yes, subject to the grant
Exchange contracts	Generally no, and risky
Complete the sale	No — the buyer's lender requires the grant

Protecting the asset while it is empty

Tell the insurer immediately; most policies restrict cover after 30 to 60 days unoccupied
Keep the heating on low in winter to reduce burst-pipe risk
Have someone visit and clear post regularly
Tell the council; council tax is normally exempt while the grant is awaited, then a premium can apply

Doing this yourself?

Our guided service walks an executor through valuations, the HMCTS forms and the estate accounts for a one-off £349.

Check if I can do probate myself

The tax consequences of the sale price

The probate value becomes the estate's base cost. Sell for more and the estate may owe Capital Gains Tax on the increase, above the reduced annual exempt amount available to estates. Sell for less within four years and loss on sale relief may reduce the Inheritance Tax where tax was paid.

Appropriating to the beneficiaries first

Where the property is being sold at a gain and the beneficiaries have unused Capital Gains allowances, appropriating the property to them before the sale can reduce the tax. Take advice before you do it.

GOV.UK — Capital Gains Tax

Common questions

Can you sell a house before probate is granted?: You can get valuations, instruct an estate agent, market the property and accept an offer before the grant — all 'subject to probate'. But you cannot complete the sale, and usually cannot safely exchange contracts, until the grant is issued.
Can we exchange contracts before the grant?: It is possible with a co-operative buyer and careful drafting, but the estate risks damages if the grant is delayed. Most conveyancers advise against it.
Can you put a house on the market before applying for probate?: Yes. Many executors market the property as soon as the estate is valued, making clear to buyers that completion waits for the grant. This often shortens the overall timeline.
What if the sale price differs from the probate value?: Sell for more than the probate value and the estate may owe Capital Gains Tax on the increase. Sell for less within four years of death and loss on sale relief may reduce the Inheritance Tax where tax was paid.

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