Can you rent a house before probate is granted?  

If you’re administering the estate of someone who has died, you may be wondering if you can rent out a house before probate is granted. When someone passes away, their property is often one of the most valuable parts of their estate. In some cases, family members or Executors consider renting out the property while waiting for probate, particularly as it could be a long process. But is this allowed? The answer depends on who owns the property, the terms of the Will, and the stage of the estate administration. 

What is probate, and why does it matter? 

Probate is the legal process of confirming that a Will is valid and giving the Executor permission to manage the estate. If there is no Will, a similar process takes place, and someone is appointed as an Administrator. Read more about the process of applying for probate.  

Until probate is granted, no one has full legal authority to sell or rent the deceased’s property, unless they were already a co-owner with certain rights. 

Can you legally rent out a property before probate? 

In most cases, you cannot rent out a property before probate has been granted. This is because the Executor or Administrator doesn’t yet have legal authority to make decisions about the estate.  This means that any tenancy agreements or rental contracts would not be legally valid without ownership rights. Letting a property without proper authorisation could expose the estate to risk or disputes.  
 

Are there any exceptions? 

There are some scenarios where rent may already be being collected legally: 

• The deceased had existing tenants in the property. In this case, the tenants can usually remain living in the property and paying their rent under their agreement with the deceased until probate is granted.

• The Executor is also a joint owner and is managing the property in that capacity. They may be living in the property themselves, but they only own 50% of the property.  

Even in these cases, it's best to proceed with caution and get legal advice before changing terms, renewing tenancies, or letting to new tenants. 

What are the risks of renting before probate is granted? 

Letting a property without probate can cause several issues, including: 

• The Executor may be acting outside their legal powers

• Any tenancy agreement may be invalid or unenforceable

• It could delay the Grant of Probate if HMRC or the Court raises concerns

• The estate may be held liable for tenant disputes or property damage

What can you do instead? 

If the property is sitting empty, make sure it is insured as an unoccupied property. Home insurance typically becomes invalid as soon as someone dies, so the Executor or Administrator will need to ensure the property is covered. If anything goes wrong, such as a flood or a fire, the estate would be liable for the damages. You may be able to take out short-term insurance that covers empty homes during probate, which some specialist insurers offer. Find out more about how to insure a property during probate.  

You should also carry out regular checks for security and maintenance, and wait until the Grant of Probate is issued before making any decisions about letting or selling. 
 

Your options once probate has been granted 

Once the Grant of Probate is issued, the Executor or Administrator will be able to: 

• Sell the property or

• Transfer the ownership, so the owner can legally rent out the property if they wish to do so  

It’s important to remember that if the property has a mortgage, this debt will need to be paid to the lender. Debts and liabilities take priority, so this must be taken into account.  

Additionally, the property may have additional owners, and depending on how the property is owned, the new owner may only own a share of the property and, therefore, would be unable to rent it out without the other owner’s permission.  

Summary 

While it might seem like a practical solution, renting a house before probate is granted is generally not permitted unless very specific legal conditions are met. It’s best to wait until probate is issued before entering into any tenancy agreements to avoid complications.