What steps should I follow to sell an inherited property after probate is granted?

Once probate has been granted, the sale should be managed as an estate transaction until the property and sale proceeds have been properly dealt with. The practical sequence is to establish the estate’s authority to sell, resolve any property and finance issues, prepare the home and marketing information, progress the conveyancing, then account for the money received.

1. Check who must approve the sale. The named personal representatives should review the will and the grant of probate to confirm who can sign the contract and transfer. If there is more than one executor, the conveyancer will usually need instructions and signatures from all relevant representatives unless the legal position provides otherwise. A beneficiary should not sign in place of an executor merely because they are due to inherit the property.
2. Decide whether the estate or a beneficiary will sell. In many cases, it is simpler for the personal representatives to sell the property as part of the estate before it is transferred to a beneficiary. If the property has already been assented or registered in a beneficiary’s name, that person may become the seller instead, creating different legal and tax considerations. Ask the conveyancer to confirm the appropriate route before signing any sale agreement.
3. Deal with the property’s practical condition. Inspect the house and identify urgent repairs, safety concerns, damage, abandoned contents, garden maintenance and signs of leaks or damp. Obtain specialist advice where the property has structural, leasehold, environmental or legal complications. Keep records of expenditure paid from estate funds and retain invoices, as these may be needed when administering the estate.
4. Protect and manage the property while it is being sold. Tell the insurer that the owner has died and that the property is unoccupied if applicable. Maintain suitable cover, secure the building, arrange meter readings and deal with council tax, utilities, mail and any alarm or maintenance arrangements. Do not cancel essential services without checking whether they are needed for insurance, viewings or legal compliance.
5. Check borrowing and restrictions. Ask the lender for an up-to-date redemption figure where there is a mortgage or secured loan. Also investigate equity release, restrictions on the title, charging orders, leasehold arrears, service charges and management-company requirements. These matters can affect the amount available to the estate and may need to be resolved before or at completion.
6. Prepare accurate property information. Complete the seller’s property forms and fixtures-and-fittings information as carefully as possible. Executors should not guess about matters they do not know. State where information is uncertain, disclose known defects and provide supporting paperwork for alterations, guarantees, planning permissions, building regulations and warranties. An inaccurate answer can lead to a dispute after completion.
7. Choose how the sale will be conducted. An estate agent may be suitable where broad market exposure is the priority. An auction can be considered for certain properties, particularly where condition or legal circumstances make a conventional sale less suitable. A direct cash sale is another option, but compare the proposed price, contract terms, proof of funds, deductions and timetable rather than relying on the headline offer alone.
8. Review every offer in the estate’s interests. Consider not only the amount offered but also the buyer’s funding, conditions, proposed timescale and likelihood of proceeding. The personal representatives owe duties to the estate and should keep a written record explaining how an offer was assessed, particularly where beneficiaries disagree or the price is below the valuation advice.
9. Provide the conveyancer with a complete pack. This may include the grant of probate, the death certificate where requested, title information, identification for the personal representatives, property forms, guarantees, planning papers, leasehold information and details of any mortgage or charge. Missing information can create enquiries and delay exchange, so send documents as soon as they become available.
10. Answer the buyer’s enquiries consistently. The buyer’s solicitor may ask about the seller’s authority, the deceased’s ownership, boundaries, alterations, disputes, insurance claims, contamination, flooding, access and services. The personal representatives should answer from reliable records and obtain professional advice where an answer has legal or technical consequences. Do not conceal a known problem to protect the sale.
11. Check the contract before exchange. The conveyancer should confirm the agreed price, included items, completion arrangements, vacant possession requirements, deposit provisions and any special conditions. Exchange of contracts normally makes the agreement legally binding, so executors should ensure that the estate can meet its obligations and that the property will be cleared and handed over as agreed.
12. Prepare for completion. Remove belongings that are not included in the contract, provide any agreed keys and fobs, settle practical arrangements for the day of completion and take final meter readings. The conveyancer will obtain the redemption statement, transfer the signed documents and receive the sale funds. A property being sold with contents or tenants requires additional checks against the contract.
13. Account for the proceeds after completion. The sale money should be paid into an appropriate estate account rather than mixed with a personal account. The conveyancer may first pay the mortgage, charges, fees and other authorised deductions. Keep the completion statement, invoices and bank records, then use the net funds in accordance with the will, the estate’s liabilities and any relevant tax advice before distributing money to beneficiaries.

Keep a clear file throughout the transaction containing decisions, valuations, offers, correspondence, invoices, conveyancing papers and evidence of payments. If the estate is insolvent, beneficiaries disagree, the will is disputed, the property is jointly owned or the title is unclear, obtain advice from a solicitor experienced in probate and conveyancing before proceeding. The terminology and procedure also differ across the UK: Scotland generally uses confirmation rather than a grant of probate, while Northern Ireland has its own probate administration process.

A cash buyer can form part of the comparison at the marketing stage, but the personal representatives still need to verify the buyer’s funds, understand the contract and ensure that the proposed sale protects the estate. A quick route is not automatically the most suitable route if it leaves unresolved legal issues, unexpected deductions or an inadequate price.