Navigating the sale of inherited property can be complex, particularly when dealing with probate.
Understanding the distinction between probate and inheritance is essential to making informed decisions and avoiding legal or financial complications.
At London Estate Agency, we specialise in supporting heirs, executors, and administrators throughout the property sale journey. Here’s everything you need to know.
What is Probate?
Probate is the legal process of administering a deceased person’s estate. When someone dies, their will (if one exists) must be validated by a court.
Probate grants the executor legal authority to deal with the deceased’s assets — including property.
If the deceased left no will (known as dying intestate), probate still applies.
In this case, the court appoints an administrator to distribute the estate according to legal inheritance rules.
Key probate facts:
- Probate is required before most inherited properties can be sold.
- The process can take 6–12 months, sometimes longer if the estate is complex.
- The property sale is legally blocked without probate, even if you are the named heir.
What is Inheritance?
Inheritance refers to the assets — including property — passed on to heirs after someone’s death.
While probate is the legal process that validates and distributes the estate, inheritance is the outcome.
You do not automatically own the inherited property until probate is completed. Once the probate process is finalised and the estate is distributed, the beneficiary becomes the legal owner of the property and can sell, rent, or occupy it.
Selling an Inherited Property: Step-by-Step Guide
Selling an inherited property requires meticulous attention to legal processes, tax obligations, and market readiness. Here’s how the process typically unfolds:
Check if Probate is Required
Probate is necessary if the property was owned solely by the deceased.
However, probate may be unnecessary if the property was jointly owned and passed to a surviving spouse or partner.
Apply for Probate
Apply online or through a solicitor. You’ll need the original will (if available), the death certificate, and details of the estate’s assets and liabilities.
You can apply for a Grant of Probate (if there’s a will) or Letters of Administration (if there’s no will).
Get a Property Valuation
An accurate valuation is crucial, not just for the sale but also for inheritance tax purposes.
HMRC requires a correct valuation to assess the estate’s tax obligations. At London Estate Agency, we offer probate valuations that meet legal standards.
Pay Inheritance Tax (If Applicable)
Inheritance tax is due if the estate exceeds £325,000 (as of 2025), though this threshold can be higher in some instances (e.g. property passed to children or spouse).
The tax rate is typically 40% on the amount above the threshold.
Clear the Property
Inherited homes are often filled with personal belongings. These must be sorted, donated, sold, or removed before the property is listed.
This step is crucial for market readiness and staging.
Appoint an Estate Agent
Work with a qualified estate agency that understands probate sales.
We manage the sale with discretion and efficiency, even if multiple heirs are involved, or the property is in poor condition.
Prepare the Property for Sale
Inherited properties may require minor refurbishments or EPC certification before listing.
We offer in-house services for EPCs, tenant clearance, and property management, ensuring the property is sale-ready.
Sell the Property
Once probate is granted and the home is ready, it can be marketed.
We handle everything from professional photography to viewings and offers—all tailored for probate sales.
Common Issues When Selling an Inherited Property
- Delays in Probate: Missing paperwork or contested wills can extend the timeline.
- Multiple Beneficiaries: Disagreements among heirs can stall the sale.
- Property in Poor Condition: We help source buyers for properties needing renovation.
- Tenants in Situ: We assist with serving proper notice and legal tenant removal.
Can You Sell an Inherited Property Before Probate?
In most cases, you cannot legally complete the sale of a property until probate has been granted.
However, you can market the property and accept offers while processing the probate. Completion of the sale must wait until the legal authority is confirmed.
Probate Property Sales: Why Choose London Estate Agency
- In-House Probate Expertise
- Valuations for HMRC and Legal Use
- Tenant Management & Evictions
- Legal Support with Wills and Section 13
- Energy Performance Certificates (EPCs)
We make inherited property sales seamless and stress-free, no matter the situation.
Whether you’re dealing with an unregistered property, complex family arrangements, or a rundown home, we guide you from probate to sale with professionalism.
FAQs About Probate and Selling Inherited Properties
How long does probate take in the UK?
Typically, it is 6–12 months, but it can be quicker for simple estates or longer if complications arise.
Do I need a solicitor for probate property sales?
It is not legal but recommended, especially if the estate is complex or contested.
What if the property has tenants?
You must follow legal notice procedures. We offer full tenant eviction support if needed.
Can I renovate the property before probate is granted?
Yes, but only with the executor’s permission. Renovating may increase the sale price.
Who pays the inheritance tax?
The estate is responsible. HMRC usually requires payment within six months of death.
Can I rent the inherited property instead of selling it?
Yes, once probate is granted, you are the legal owner. If you let the property, we offer tenant screening and rent protection services.
Conclusion: Navigate Probate Sales with Confidence
Selling inherited property doesn’t have to be overwhelming. Understanding probate vs inheritance is the first step.
At London Estate Agency, we simplify the entire process — from legal compliance to marketing and sales.
We ensure that your inherited property is sold quickly, profitably, and with complete legal transparency.
If you’re inheriting a property and need guidance, valuations, or legal support, contact us today for a no-obligation consultation.
