When a parent passes away, one of the biggest and most valuable assets in their estate is often their home. It’s very common for families to ask: “Can I sell my parents’ house before probate is granted?”
The short answer is no — you cannot complete a sale before probate, but you can start preparing the property for sale. Understanding the rules around ownership, probate, and the executor’s responsibilities will help you avoid delays, disputes, and legal problems.
Who Owns the House After Someone Dies?
When someone dies, everything they owned becomes part of their estate, including their home. Even if you lived in the property or helped your parents manage it, you don’t have legal authority to sell it until probate is granted (unless you were joint tenants).
- If there is a will, the executor is responsible for dealing with the house.
- If there is no will, a close relative will need to apply for letters of administration.
Until that legal authority is obtained, the property can’t be sold or transferred.
Can You Sell a House Before Probate?
You cannot legally complete a property sale before probate. Even if a sale is in progress, it will not be able to complete until probate is obtained.
A solicitor or conveyancer will require a grant of probate (or letters of administration) before they can exchange contracts or complete the transaction. Without it, you have no legal right to transfer ownership to a buyer.
Trying to sell the house before probate may:
- Delay the conveyancing process
- Create disputes between family members or beneficiaries
- Risk accusations of “intermeddling” in the estate
- Result in a failed sale if the buyer pulls out
However, this doesn’t mean you need to sit and wait.
Can You Put the Property on the Market Early?
Yes. You can market the property before probate, as long as:
- You make buyers aware that completion must wait until probate is granted
- You don’t exchange contracts until the grant has been issued
Estate agents are used to handling probate properties and will list the home with a “subject to probate” note. This allows you to find a buyer early so the sale can proceed quickly once the paperwork is ready.
What Can Executors Do Before Probate?
Executors and administrators are allowed to prepare the property for sale, including:
- Securing and insuring the home
- Clearing personal belongings
- Arranging valuations
- Completing small repairs to preserve the property’s value
- Instructing estate agents
These steps don’t require legal authority to transfer ownership — they simply protect the estate.
Are There Any Exceptions?
If the house was owned with a spouse as joint tenants, the property passes automatically to the surviving owner. Probate may still be needed for other assets, but the house itself can be transferred and the surviving joint owner would be able to sell.
Once Probate Is Granted
After the grant is issued, executors can:
- Exchange and complete the sale
- Transfer sale proceeds into the estate account
- Distribute the inheritance according to the will or intestacy rules
At this stage, you have full legal authority to finalise the transaction.
Conclusion
While you cannot sell your parents’ house before probate, you can prepare the property, list it for sale, and even accept an offer. The final sale can only complete once probate is granted. Taking early steps helps avoid delays and ensures the estate can be administered smoothly.
How We Can Help
If you need guidance on selling a probate property or understanding your duties as an executor, professional advice can make the process far less stressful. Contact us for some initial free advice and we can talk through your options and guide you every step of the way.
