Selling a Probate Property: Estate Agent and Conveyancer Guide

Marketing before probate is granted

Executors can instruct an estate agent and begin marketing a probate property before the grant of probate is received. This is common practice — it allows the sale process to get underway so that completion can happen more quickly once the grant arrives.

However, the executor cannot legally exchange contracts until the grant is in hand. This must be communicated to the estate agent and any prospective buyer. A buyer who does not understand this may make alternative arrangements if the wait for probate is long.

For the probate application process, see our applying for probate guide. The current wait time for the grant can be 8–16 weeks depending on complexity.

Appointing an estate agent

Choose an estate agent experienced in probate sales. They understand that:

• The executor is selling on behalf of the estate, not as owner
• The property may need some work before it presents well
• There may be beneficiaries with differing views on timing and price
• Exchange cannot happen until probate is granted

Get at least three valuations. The executor has a duty to achieve the best reasonable price for the estate — not simply to sell quickly. That said, holding costs (council tax, insurance, maintenance) accumulate, so unnecessary delay is also damaging.

The estate agent's fees are an administration cost of the estate and are deductible from the sale proceeds before calculating IHT. Keep invoices and receipts for all estate expenses.

Appointing a conveyancer

Instruct a conveyancer (solicitor or licensed conveyancer) as soon as possible. For probate sales, the conveyancer will need:

• A copy of the grant of probate (or letters of administration)
• The original title deeds or Land Registry title number
• Details of any outstanding mortgage or equity release
• Service charge information (if leasehold)
• Any existing property information forms (TA6, TA10) if available

The conveyancer prepares the TA6 (property information form) and TA10 (fittings and contents form) on behalf of the executor. Note that the executor has limited knowledge of the property compared to a living owner, so many questions may need to be answered "not known" or with the caveat that the executor is selling as a personal representative only.

Legal title and the TR1

The executor sells in their capacity as personal representative of the estate. They sign the TR1 transfer form as "[Name] as personal representative of [Deceased]". No separate power of attorney or trustee appointment is required.

If there are two or more executors, all must sign. If one executor has renounced their role or has died, legal advice should be sought before proceeding.

On completion, the Land Registry is updated to remove the deceased's name and register the buyer's title.

What happens to the sale proceeds

Sale proceeds are paid to the executor and must be held in the estate account. They cannot be distributed to beneficiaries until all estate liabilities have been settled. The sequence is:

1. Pay off any mortgage or equity release secured on the property
2. Pay other estate debts (care fees, credit cards, loans)
3. Pay IHT (if not already paid from other estate funds)
4. Pay administration costs (solicitor, estate agent, executor expenses)
5. Distribute the remaining residue to beneficiaries

For the priority order for debts, see our debts after death guide.

Capital Gains Tax considerations

The executor may be liable to CGT on any gain realised between the probate value and the sale price. The probate value is the base cost for CGT purposes.

Main residence relief (also called Private Residence Relief) is available to the executor if the property was the deceased's only or main residence. The relief applies for the full period of residence plus up to 36 months after the date of death — if the sale completes within 36 months of death, there is usually no CGT liability on the gain during that period.

If the sale takes longer than 36 months, or if the property was not the deceased's main residence (e.g., a rental property), CGT may be due. The executor must report and pay CGT within 60 days of completion using HMRC's Capital Gains Tax on UK property service. See our CGT on inherited assets guide.

Leasehold complications

If the property is a leasehold flat, additional steps are required. See our leasehold property and probate guide for full details. Key issues include:

• Obtaining a management pack from the freeholder (typically £200–£400)
• Confirming any outstanding service charge demands
• Checking the remaining lease term (below 80 years is problematic)
• Notifying the freeholder of the change of ownership on completion

Managing beneficiary expectations

Beneficiaries who are waiting for their inheritance may press the executor to sell quickly. The executor has a duty to obtain the best reasonable price, which may not always mean selling at the first offer or to the first buyer.

Keep beneficiaries informed of progress. If there are disputes about the sale price or timing, document your reasoning carefully. An executor who accepts an undervalue without good reason may be personally liable.

For the broader estate administration process, see our estate administration checklist, complete UK probate guide 2026, applying for probate guide, and executor first steps guide. For lender delays during the sale, see our lender delays guide. For equity release complications, see our equity release and probate guide. If you need help with estate administration, Farra can assist — get started here.