Selling an Inherited or Probate Property: A Complete UK Guide

Inheriting a property brings paperwork, tax questions and often emotional weight. This guide walks you through probate, capital gains tax, the practical steps to sell, and how to do it quickly if you need to.

First steps after inheriting a property

Before anything else, take a breath — there's rarely a need to rush the very first decisions. Once you're ready, the practical early steps are: locate the will and confirm who the executors are; notify the deceased's mortgage lender and insurers (an empty property often needs specialist unoccupied insurance); secure the property; and get a professional valuation at the date of death, which you'll need for both probate and tax. Keep utilities and council tax accounts informed, as empty homes may qualify for a temporary council tax exemption.

What is probate and do you need it?

Probate is the legal process that confirms the executors' authority to deal with the deceased's estate, including selling property. In England and Wales the document is called a grant of probate (or letters of administration if there's no will); Scotland uses "confirmation". You'll generally need it before a property can be sold, unless the home was held as joint tenants and passes automatically to the surviving owner. If you're unsure, a probate solicitor can confirm quickly whether a grant is required.

How long does probate take?

Obtaining the grant currently takes around 8 to 16 weeks from application, though complex estates can take longer. The full administration of an estate — settling debts, distributing assets and selling property — often runs to six to twelve months. Timescales have fluctuated with Probate Registry backlogs, so build in a margin and apply as early as you can.

Can you sell before probate is granted?

Yes, partly. You can put the property on the market, arrange viewings and even accept an offer during probate — but you cannot exchange contracts or complete until the grant is issued. This is worth planning around: many buyers on the open market lose patience waiting for probate, and chains collapse. A cash buyer, by contrast, can hold an agreed price steady and complete the moment the grant arrives, which removes a lot of stress from the process.

Inheritance tax explained

Inheritance tax (IHT) is a tax on the estate, not on you personally as a beneficiary, and it's normally settled by the executors before assets are distributed. It's charged at 40% on the value of the estate above the available thresholds — the standard nil-rate band, plus the residence nil-rate band where a home passes to direct descendants. Many estates fall below the threshold and pay nothing, and transfers between spouses or civil partners are generally exempt. Because the rules and allowances are nuanced, it's wise to confirm the estate's position with a solicitor or accountant.

Capital gains tax when you sell

This is the tax most people get wrong. You do not pay capital gains tax (CGT) when you inherit a property. CGT only becomes relevant if you later sell it for more than its value at the date of death (the "probate value"). The gain is the difference between the sale price and that probate value, less selling costs and improvements.

For 2026/27, CGT on residential property is charged at 18% within your basic-rate band and 24% above it, after deducting the annual exempt amount of £3,000. Crucially, if you sell at or close to the probate value, there's often little or no gain — so a prompt sale can genuinely minimise the tax. If CGT is due, you must report and pay it within 60 days of completion, or risk an automatic penalty. Because a low probate valuation can create a larger gain later, it's worth getting the date-of-death valuation right from the outset.

Your options for selling

Estate agent

Best for achieving full market value if you're not in a hurry. The downside is time — months of viewings, chains and holding costs while the property sits empty.

Auction

Well suited to unusual or run-down probate properties, with a committed buyer once the hammer falls. Prices can be unpredictable and fees apply.

Cash house buyer

Ideal when the home is empty, needs work, or is draining money while probate completes. You'll accept around 75–85% of market value, but avoid fees, viewings and months of uncertainty. Learn more in our guide to what a cash house buyer is.

Selling a jointly inherited property

Inherited homes are frequently left to several beneficiaries — siblings, for instance. Everyone with a share must agree to sell, and disagreements are common when one party wants to keep the property and another wants to release the cash. A clean, fast sale can be the fairest resolution because it converts an indivisible asset into money that can be split precisely. Where relationships are strained, a straightforward cash sale also avoids the drawn-out friction of a long open-market campaign.

The costs of holding an inherited home

An empty inherited property rarely sits still financially. You may face specialist unoccupied-property insurance, council tax (often at a premium after any exemption ends), utility standing charges, maintenance, security, and any outstanding mortgage. Empty homes are also more vulnerable to damp, break-ins and gradual decline, which can reduce value. These running costs are a key reason many families choose a quicker route — every month of delay has a real price.

Why a fast sale can make sense

Selling an inherited property is often as much an emotional decision as a financial one. A fast, certain sale can bring closure, stop the ongoing costs, and let beneficiaries move on. At HouseOffers we compare offers from 100+ vetted cash buyers, all able to work around the probate timeline and complete quickly once the grant is issued. You can get a free offer in 24 hours with no obligation — a useful figure to weigh against an agent's valuation once you know the full tax and holding-cost picture.