Probate and property
A property held in the deceased's sole name, or as tenants in common, cannot be sold or transferred until the grant is issued. A property held as joint tenants passes automatically to the survivor and often needs no grant at all. Either way the value at the date of death must be established.
Jurisdiction: England & Wales. Last reviewed 13 August 2026.
How the property was owned decides everything
| Ownership | What happens | Grant needed to deal with it |
|---|---|---|
| Sole name | Passes under the will or intestacy | Yes |
| Joint tenants | Passes automatically to the surviving owner | Usually no |
| Tenants in common | The deceased's share passes under the will or intestacy | Yes |
Protect the property first
- Tell the insurer the property is unoccupied — most policies lapse or restrict cover after 30 days otherwise
- Keep heating on low in winter and arrange regular checks
- Redirect post and cancel deliveries and subscriptions
- Notify the council; an empty probate property may qualify for a council tax exemption for a period
You can market before the grant, but not complete
Agents can list and you can accept an offer, but no sale can complete until the grant is issued. Tell the buyer's solicitor early — collapsed chains are the most common probate property problem.Selling versus transferring
If the property is sold, the proceeds form part of the estate and are distributed in cash. If it is transferred to a beneficiary, an assent is used to move the title at the Land Registry. Where a sale price differs from the probate value, there may be a Capital Gains Tax position for the estate, and relief may be available where land sells for less within the qualifying period.
Frequently asked questions
- Can I sell the house before probate is granted?
- You can market it and agree a sale, but completion has to wait for the grant.
- Is there council tax on an empty probate property?
- There is usually an exemption while the property is unoccupied and awaiting a grant, and for a limited period afterwards. Contact the council in writing.
- Does the residence nil-rate band apply?
- It can, where the home passes to children or other direct descendants. The allowance is £175,000 and tapers for very large estates.
Dealing with a straightforward estate yourself?
Our free probate checker helps you work out whether this estate appears suitable for a self-help route. It asks about jurisdiction, disputes and complexity, takes a few minutes, and needs no account.
£349 one-off service fee if you go ahead. Court fee and any Inheritance Tax are paid separately.
Sources
Continue your probate journey
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