Yorkshire experts explain pros and cons of selling home before probate as searches rocket
As the General Election looms you might think asking prices and interest rates would be the uppermost concerns for people in the midst of selling a house.
Not so, according to cash offer property company We Buy Any Home, which has been looking at Google search data to identify the primary worries home-sellers have right now. Number three on the list, after ‘how much does it cost to sell a house?’ and ‘how quickly can you sell a house?’, is, ‘can you sell a house before probate?’, according to the research, which looked for property search terms that had increased by at least 5,000 per cent in the 30 days up to June 19.
Advertisement
Hide AdAdvertisement
Hide AdWhat’s known as a ‘Grant of Probate’ is a legal document giving executors of a will the right to dispose of the property, money and possessions and settle the debts of a person who has died. It also includes ensuring that any will is legitimate and valid, and confirming who has authority to administer the estate.


“The answer is ‘yes’, you are able to sell an inherited house on the market and accept offers before you have been given the Grant of Probate,” says Terry Fisher, property expert at We Buy Any Home. “However, the sale cannot be completed until probate has been officially granted, so it is generally agreed to be unwise to exchange contracts and set a date for completion on a property if you have not yet obtained the Grant of Probate.”
Most people are keen to understand more about the probate service and the work of solicitors who handle bereavement-related matters. Interest in such searches has seen a 22 per cent uptick in the last six months, according to We Buy Any Home.
The problem, says Stevie Sawiuk, head of conveyancing at Yorkshire estate agency Manning Stainton, is that whilst probate property sales can bring benefits, including being chain-free, often with a motivated seller behind them eager to receive the cash on completion, and offering lots of scope in improve value – many probate sales are classic ‘doer-uppers’ – they can be tricky to navigate and time-consuming.
Advertisement
Hide AdAdvertisement
Hide AdIf you’re a buyer and you fall in love with a probate sale, you’re potentially setting yourself up for a long wait and possible heartbreak, especially if you’re in a chain lower down, or have a mortgage offer in principle with a short expiry date. If you’re a seller, it can be a frustrating, confusing business causing stress and anxiety.
“The main issue that arises is around a seller’s lack of knowledge,” Stevie says. “They often don’t start the process [of applying for the Grant of Probate] until the property is being marketed or even once a sale is agreed. This creates delays as once probate is submitted we are in the hands of the Probate Registry with no way to expedite the file.” Such delay can mean a complete halt, leading to frustration all round. Stevie warns: “Some conveyancers will not issue draft contracts on the transactions until probate has been granted, which brings the process to a stand-still.”
As Stevie adds, “there doesn’t seem to be a set time frame to on applications [for probate] as we see anything from eight to 20 weeks.
There are some exceptions to the probate rule. If the deceased person was in a couple and designated as a joint tenant – the usual way of co-owning a home between couples - then the property is automatically transferred to the surviving joint tenant, meaning that no probate is needed if it goes on to be sold.
Advertisement
Hide AdAdvertisement
Hide AdHowever, if probate must be granted before the sale can complete, dig in for the long haul. Final Duties, a legal firm specialising in probate work, says that the UK’s probate application time frame is now at its longest since 2019, according to research conducted in January this year.
“The timeline for probate applications has stretched to 12 weeks on average (median), having increased by 152 per cent since the start of 2023, from submitting a probate application to a grant being issued,” says Jack Gill, managing director of Final Duties.
“As a result, it now takes six weeks longer to gain a grant than it did at the start of 2023.
“There are a great deal of moving parts within the probate process and so delays can sometimes be inevitable.”
Advertisement
Hide AdAdvertisement
Hide AdMPs on the last government’s House of Commons Justice Committee had vowed to examine the delays at the Probate Registry, look at why the digital probate service appears slower than the paper-based process it replaced and crack down on rogue traders taking advantage of those stuck waiting.
But this will now be on hold, so what can probate sellers do?
“Take legal advice as soon as practical upon a relative’s death so you have a clear understanding of what is required to be sale-ready,” says Stevie.
“And if you’re buying a probate property, before agreeing a sale, be clear about the position of the probate application.”
Comment Guidelines
National World encourages reader discussion on our stories. User feedback, insights and back-and-forth exchanges add a rich layer of context to reporting. Please review our Community Guidelines before commenting.