While there may be several practical reasons to consider selling a house following the death of a loved one, waiting for probate to be granted is often a legal requirement.
At Freeman Jones, our specialist wills and probate team can help you to understand the probate process, including how long it typically takes to obtain probate and the potential legal implications of selling a property before probate has been granted.
Can you sell a property before probate is granted?
No, in most cases it’s not possible for a property to be sold prior to probate being granted.
While some pre-sale activities can be carried out, such as marketing the property, conducting viewings, and even accepting offers, the actual sale of the property must be postponed until the executor possesses the legal authority to transfer ownership.
This authority is only given once probate has been granted.
Attempting to sell a property before probate has been granted will typically result in legal consequences and potential liability for the executor (or administrator).
When can you sell a house before probate?
As mentioned above, there are some exceptions to this rule depending on how the property is owned and managed.
A property can be sold before probate if:
- The property is jointly owned by a surviving spouse or partner
- The property is held in a trust created by the deceased
How long after probate is granted can you sell house?
Put simply, immediately.
As soon as probate has been granted to the executor or an administrator, they’ll possess the legal authority to sell the property.
How long does it take to obtain probate?
Exactly how long it takes to obtain probate in the UK depends on how you apply and whether there’s any issues with the application. Currently, wait times vary between just one week and 15 weeks.
You should be aware that paper applications can take significantly longer to process compared to digital equivalents, with wait times currently being just under 15 weeks.
For example, individuals that choose to apply online and don’t face any issues with their application can be granted probate in less than a week on average, according to the latest government information.
Previously, probate typically took around 12 weeks from the date of submitting the application in England and Wales, but more recently waiting times have been substantially reduced thanks to government action to decrease the caseload.
This action focused on tackling a huge backlog of probate applications that occurred due to a rise in excess deaths following the Covid-19 pandemic. Thanks to additional trained staff and more digital probate applications (eight out of 10 of applications are now made that way), wait times were slashed.
Now, according to a recent government press release and corresponding statistical data, His Majesty’s Courts and Tribunals Service (HMCTS) has decreased average probate wait times to around just four weeks.
NB . This figure is accurate as of December 2024 and has more than halved the grant of probate wait times compared to the end of 2023 which saw 12-week wait times on average.
Can you empty a property before probate is granted?
Estate administrators and will executors may be able to empty a property of the deceased’s belongings before probate is granted.
However, taking this action can have legal implications, so it’s important to discuss your plans with a specialist wills and probate solicitor first.
Receive expert wills and probate guidance
Whether you’re the assigned administrator for a complex estate, or are concerned about family will disputes following the death of a loved one, speaking to a specialist solicitor is the best place to start.
At Freeman Jones, we provide comprehensive wills and probate services, offering practical legal advice and support on all aspects of will writing, probate matters, inheritance disputes and challenging wills.
With offices in Chester, Liverpool, Warrington, and Wrexham, we’re perfectly positioned to support individuals across the North West.
To book your no-obligation, 20-minute consultation at no cost, talk to us today.
Simply pick up the phone and dial 01244 506 444 to be put in touch with one of our specialist wills and probate solicitors.
We also welcome email enquiries sent to info@fjsolicitors.co.uk.
