Choosing an Estate Agent for a Probate Sale: What Executors Should Ask

Why a probate sale is different

A probate sale is not quite like selling your own home. Three things set it apart, and a good agent will understand all of them:

• You have a fiduciary duty. As the personal representative you must act in the best interests of the beneficiaries and obtain a fair market price. An agent who over-values the property to win your instruction, or who pushes a quick under-value sale to a contact, is not helping you meet that duty.
• The grant of probate gates completion. You can market the property and accept an offer before the grant is issued, but you cannot exchange contracts or complete until it is in hand. The agent must be willing to market on that basis and keep buyers informed. See our guide to selling a probate property for the full process.
• Valuation has tax consequences. The price you achieve interacts with the date-of-death valuation used for inheritance tax and capital gains tax. A sale significantly above the probate value can create a CGT charge for the estate.

Questions to ask before you instruct an agent

Invite two or three agents to value the property and ask each of them the same questions. Their answers will tell you who actually understands probate sales:

• Have you handled probate sales before? Ask for recent examples. An experienced agent will talk comfortably about marketing before the grant and managing buyer expectations on timing.
• How did you arrive at this valuation? A credible figure is backed by recent comparable sales on the same street or estate — not just an optimistic round number.
• What is your fee, and what does it include? Confirm the percentage, whether VAT is on top, and what marketing (photography, floor plan, portals) is included.
• How long is the tie-in period? A long sole-agency lock-in leaves you stuck if the agent under-performs.
• How will you keep the executors and beneficiaries updated? You may need to evidence to beneficiaries that you marketed properly and achieved a fair price.

Fees, tie-ins and types of agreement

Most high-street agents charge a percentage of the sale price on a no-sale-no-fee basis. Typical figures in 2026:

• Sole agency: usually 1%–1.5% plus VAT. One agent has the exclusive right to sell for the tie-in period.
• Multiple agency: higher (often 2%–3% plus VAT) but no exclusivity — useful if you want maximum exposure quickly.
• Online / fixed-fee agents: a flat fee (often £900–£1,500), sometimes payable upfront whether or not the property sells.

For a probate sale, keep any sole-agency tie-in short — eight to twelve weeks is reasonable — so you can switch agent if the property is not moving. Always read the termination terms before signing.

Red flags to watch for

• Over-valuing to win the instruction. The highest valuation is not always the most credible. An over-priced property sits on the market and often sells for less in the end.
• Pressure to accept a fast, low cash offer. Be wary of an agent steering you toward a quick sale to a particular buyer, especially below market value — it can breach your duty to the estate.
• Long or auto-renewing tie-ins and unclear termination terms.
• Upfront fees with no performance link, unless you have deliberately chosen a fixed-fee model with eyes open.

Valuation, the grant, and tax

The estate agent's marketing valuation is not the same as the formal probate valuation used on the inheritance tax forms — that should reflect open-market value at the date of death, ideally from a RICS surveyor where the estate is near the IHT threshold. If the eventual sale price is well above the probate value, the estate may owe capital gains tax on the increase.

Once you have accepted an offer, the legal side runs in parallel with the probate application. You cannot complete until the grant is issued and the title is dealt with at the Land Registry. If you have not yet applied, see our applying for probate guide.