Grant of probate is the legal document the Probate Registry issues to confirm that named executors have authority to administer someone’s estate after they die. For property sales, it’s essential: without a grant (or its equivalent), the property cannot be legally transferred to a buyer.

Getting probate takes time, and that time is usually the rate-limiting step in selling an inherited property.

When is probate needed?

A grant is typically required when:

The estate includes property or land.
The estate’s value is over roughly £5,000–£15,000 (exact threshold varies by asset holder).
Financial institutions holding significant assets require it before releasing funds.

If the estate is small and doesn’t include property, probate may not be needed. For almost any sale of inherited UK property, a grant is required.

Grant of probate vs letters of administration

Grant of probate — issued if there’s a valid will, to the named executors.
Letters of administration — issued if there’s no will, to the person(s) entitled under intestacy rules.

Collectively these are called “grants of representation”. Functionally they do the same thing: authorise someone to act on behalf of the estate.

How long does probate take?

Realistic 2026 timings:

Simple estates, online application: 6–12 weeks from submission.
More complex estates, paper application: 12–20 weeks.
Estates with inheritance tax (IHT) due: Add 4–8 weeks — the Probate Registry won’t issue the grant until HMRC confirms IHT returns are filed and provisional tax is paid.

These timings have improved from the post-pandemic peak (sometimes 40+ weeks) but remain variable.

Can you sell the property before probate is granted?

Partially, yes — not fully.

You can:

Market the property.
Receive offers.
Accept an offer “subject to grant of probate”.
Instruct a solicitor to begin preparing paperwork.

You cannot:

Exchange contracts (in most cases) until the grant is issued.
Complete the sale.

Some cash buyers — including RPJ — can run their own due diligence in parallel with the probate application, so that the moment the grant arrives, exchange and completion can happen within days. That can dramatically shorten the total time from death to completed sale.

The financial position while waiting

While probate is pending, the estate remains responsible for:

Council tax — often reduced or exempt on empty probate properties (up to 6 months post-probate depending on local authority).
Buildings and contents insurance — which most insurers will only provide if the property is checked regularly.
Utilities — at minimum standing charges.
Mortgage — if one remains, interest continues accruing.
Maintenance costs — empty properties deteriorate; burst pipes, damp, and break-ins are real risks.

These costs are one reason cash sales are common for probate properties: even at a modest discount to market value, a quick completion often produces a better net return than waiting for a slower open-market sale.

Tax considerations

Inherited property is valued at market value on the date of death. If you sell at or below that value, no capital gains tax is typically due. If the property appreciates in the gap between death and sale — and it often does if probate takes a year — CGT may apply on the gain.

This is a personal tax situation. If the numbers are significant, speak to an accountant before marketing.

Selling a probate property with RPJ

We buy probate property regularly. We work patiently alongside executors and solicitors, we’re comfortable waiting for grant of probate without pressuring you, and we can often buy with contents still in situ — saving executors the time and emotional cost of clearing a family home before marketing.

Conveyancing — the legal process that runs alongside the probate application.
Exchange of contracts — what probate must be granted before.
Cash buyer — why cash sales fit probate situations well.

Grant of probate