What happens to a property immediately after death?
When the owner of a property dies, their interest in that property becomes part of their estate. Until probate is granted and the executor receives the legal authority to deal with the estate, the property is effectively frozen — it cannot be sold, transferred or mortgaged.
The executor is responsible for looking after the property during this period. This includes maintaining insurance (many standard policies require notification of a vacancy and may need to be converted to a specialist unoccupied property policy), securing the premises, and ensuring the building remains in reasonable condition.
Can you sell a house before probate is granted?
In most cases, you cannot legally complete a property sale before the Grant of Probate is received. Most buyers' solicitors will not proceed to exchange of contracts until the Grant is available, because without it the executor has no legal authority to sell.
However, you can market the property and accept an offer before the Grant arrives. This is common practice — placing the property on the market early can reduce the overall administration time, as the Grant and the sale progress in parallel. Agree the sale subject to probate, and aim to complete shortly after the Grant is received.
How does probate affect the property sale timeline?
A property sale during probate typically takes three to six months longer than a standard sale. This is because you need to wait for the Grant of Probate before completing, and the Grant itself takes four to twelve weeks after the application is submitted (following the IHT process, which can take a further eight to twelve weeks for taxable estates).
For a standard property sale in England, allow at least six to nine months from date of death to completion — and longer if inheritance tax is due or if the estate is complex.
Jointly owned property — joint tenants vs tenants in common
The type of joint ownership matters enormously. If the deceased owned the property as a joint tenant with another person (the most common arrangement between spouses), the surviving owner automatically inherits the deceased's share by right of survivorship. Probate is not needed for the property — the Land Registry title can be updated using a death certificate alone.
If the property was owned as tenants in common, each party owns a defined share (often 50/50 but it can be any split). The deceased's share does not automatically pass to the surviving co-owner. It passes under the Will or intestacy rules, and probate will almost certainly be required before that share can be dealt with.
Inheritance tax on a property
If the estate is above the inheritance tax threshold, the property's value will be included in calculating IHT. HMRC requires a formal valuation — typically a RICS surveyor's report — to be submitted with the IHT400 return. Importantly, IHT is due six months after the date of death, before probate is granted and usually before the property can be sold.
For estates where the main asset is a property (and there is insufficient cash to pay the IHT upfront), HMRC offers an arrangement to pay IHT on the property in ten equal annual instalments — starting from six months after death. A probate specialist can advise on the best approach for the specific estate.