If you're dealing with a bereavement and a property is involved, one of the most common questions is whether you can start selling before probate has been granted. The short answer is yes — you can market the property, accept an offer and prepare everything in advance, but you cannot exchange contracts or complete the sale until the Grant of Probate (or Letters of Administration) is issued.
The short answer
Probate is the legal authority that allows an executor or administrator to deal with a deceased person's estate, including selling property. Until that Grant is issued, the legal right to transfer ownership of the property to a buyer does not exist.
However, that does not mean you have to wait passively. There is a great deal of useful work you can do while probate is being processed.
What you can do before probate
- •Market the property for sale — instruct an estate agent, arrange photography, and list the property.
- •Conduct viewings and gather viewer feedback.
- •Accept an offer — you can agree a price with a buyer, subject to the Grant being obtained.
- •Prepare the legal paperwork — instruct a conveyancer or solicitor, complete the property information forms (TA6 and TA10), and gather title documents.
- •Order an EPC — a valid Energy Performance Certificate is legally required before marketing begins.
- •Clear and prepare the property — declutter, carry out minor repairs, and present it well for photos and viewings.
What you cannot do
- •Exchange contracts — legally binding the sale is not possible until the Grant is issued.
- •Complete the sale — ownership cannot pass to the buyer until probate is granted.
- •Access certain funds — the deceased's bank accounts may be frozen until probate, which can affect your ability to pay for things like an EPC or repairs out of the estate.
How long does probate take?
On average, a Grant of Probate takes 8 to 12 weeks from the date of application, assuming the paperwork is in order and there are no complications. In straightforward estates it can be faster; complex estates, or those subject to Inheritance Tax, can take several months longer.
Because property transactions themselves often take 10–16 weeks from offer to completion, marketing the property during the probate period is usually time well spent rather than wasted.
Should you tell buyers?
Yes — transparency is essential. Buyers must be informed that the sale is subject to probate being granted. Most buyers understand this, particularly those who are not in a chain or who have flexible timelines. First-time buyers and investors are often willing to wait.
Being upfront:
- •Sets the right expectations.
- •Reduces the risk of a buyer withdrawing later.
- •Builds trust — many buyers appreciate honesty about the situation.
Pros and cons of marketing early
Advantages:
- •You can use the probate waiting period productively.
- •The property is ready to move quickly once the Grant arrives.
- •You can gauge genuine market interest in your asking price.
- •It shortens the overall time to completion once probate is granted.
Things to consider:
- •Some chain-bound buyers may not be able to wait.
- •You may receive offers you cannot yet accept formally.
- •Legal completion will always be subject to the Grant being issued.
How we help
At DEAL., we regularly handle probate and executor sales. We can:
- •Advise on when to begin marketing your specific property.
- •Prepare and present the home to attract buyers happy to wait for probate.
- •Work closely with your solicitor to keep everything progressing in parallel.
- •Manage buyer expectations honestly to protect your sale.
Book a no-obligation valuation or a conversation about your probate sale — there's no pressure, just honest guidance.