Can a house be sold before probate is granted?  

When someone passes away, one of the most valuable assets they often leave behind is their home. A common question for families and Executors is: can a house be sold before probate is granted? Let’s explore the legal position, what can and can’t be done before probate, and how to avoid delays.

What does the law say? 

The legal answer is simple: you can’t legally sell a house before probate is granted. Probate is the official legal permission that allows an Executor or Administrator to manage and distribute the estate, including selling any property. 

Until probate is granted (or Letters of Administration, if there’s no Will), the estate is legally “frozen”. This means that even though you might have access to the property or are clearing it out, you don’t have the legal right to sell it. 

So, can a house be sold before probate is granted? No, but you can prepare it for sale. 

Can you advertise or accept offers before probate? 

Yes, you can. 

You’re allowed to put the property on the market, conduct viewings, and even accept an offer. Many PRs do this to save time and avoid delays later on. However, there’s a limit: you can’t exchange contracts or complete the sale until probate has been granted. 

You can line everything up in advance. However, while the house can be advertised and offers can be made, the actual legal transfer of ownership must wait for probate. It’s important to explain this to buyers so they understand the timeline and avoid frustration. 

How do estate agents handle this? 

Most estate agents are familiar with probate property sales and are aware that the process can take time. 

When you first speak to an agent, it’s best to be upfront and explain that probate has not yet been granted. They can still list the house, carry out viewings, and even negotiate offers. But they’ll mark the sale as “subject to probate”, which tells buyers that the sale can’t go ahead until probate is complete. 

Some buyers may be happy to wait, especially if they’re not in a rush. Others may prefer to move quickly and might look elsewhere. That’s why managing expectations from the start is key. 

Delays and risks to be aware of 

If you're wondering if a house can be sold before probate is granted because you're keen to move things along, it's worth knowing the potential risks and delays. 

• Probate delays: It can take months for probate to be granted, depending on how complex the estate is and how quickly forms are submitted. This could hold up a sale and cause a buyer to walk away.

• Changing property value: If the market changes while waiting for probate, the property value could go up or down. That might affect what the buyer is willing to pay.

• Buyers losing interest: Some buyers are put off by uncertainty. If probate takes longer than expected, they might pull out. 

To reduce the risk of delays, try to: 

• Apply for probate as soon as possible

• Keep your buyer updated

• Work with professionals who understand the probate process 

If you’re dealing with a loved one’s estate and want to sell their home, don’t worry, you’re not alone. Estate agents and probate specialists handle these situations regularly, and help is available at every step. 

Getting probate might feel like a hurdle, but with a little planning and clear communication, you can keep the sale moving in the right direction.