When someone dies owning a property in their sole name, dealing with that property forms a major part of the estate administration. Families often want to sell the property promptly, and the question of whether this can happen before probate is a practical one that affects the timeline of the whole process.

Why Probate Is Needed to Sell

When a person dies, ownership of their solely owned property does not automatically pass to anyone. The property becomes part of the estate and can only be transferred or sold by the person who has legal authority to administer the estate. That authority is granted by a Grant of Probate, which confirms the executor's authority to deal with the estate's assets and is required by HM Land Registry before the title can be transferred from the deceased person's name.

In practical terms, this means that exchange of contracts and completion of the sale of a solely owned property cannot take place before probate is granted, because without probate the executor has no ability to transfer the legal title to the buyer. A buyer's solicitor and any mortgage lender will require sight of the grant before they will complete.

What You Can Do Before Probate

While the sale cannot complete before probate, the process of marketing the property and finding a buyer can begin as soon as you wish after the death. Instructing an estate agent, having the property valued, accepting an offer, and appointing a solicitor to handle the conveyancing can all proceed while the probate application is being prepared and processed.

In practice, the time taken to prepare and obtain a Grant of Probate, which currently takes several months in England and Wales depending on the complexity of the estate and the Probate Registry's processing times, often aligns reasonably well with the time taken for a buyer to arrange their mortgage, complete searches, and be ready to exchange. Starting the marketing and sale process early means that when probate is granted, the legal work is well advanced and exchange and completion can follow relatively quickly.

How Long Does Probate Take?

The timeline for obtaining probate varies significantly. Simple estates with a straightforward will and no inheritance tax liability can go through the Probate Registry in a matter of weeks from submission of the application. Estates with inheritance tax to pay, complex assets, disputes between beneficiaries, or estates that are intestate and require letters of administration rather than probate can take considerably longer, sometimes six months to a year or more. The Probate Registry's processing times fluctuate and have at times been significantly extended due to backlogs.

Jointly Owned Property

If the property was owned jointly with another person as beneficial joint tenants, the survivorship rule applies and the property passes automatically to the surviving owner by operation of law without probate being required. The surviving owner can deal with the property directly once the death has been registered and the title updated at the Land Registry. This is a significant difference from solely owned property and is why joint ownership is common for married couples and cohabiting partners.

Summary

You cannot complete the sale of a solely owned property before probate is granted, because without the grant the executor has no legal authority to transfer the title. However, marketing and finding a buyer can begin at any time. Starting the marketing process early, alongside the probate application, means that when probate is obtained the sale can move to exchange and completion without further delay. Jointly owned property held as beneficial joint tenants passes to the survivor automatically and does not require probate.