Probate is the legal process of proving a will and getting authority to deal with someone's estate. When that estate includes a house you intend to sell, probate sits squarely on the critical path. This guide explains what you can and cannot do at each stage, how long it takes in 2026, and how to keep a sale moving.
What probate is, and who handles it
Probate gives the people dealing with the estate the legal authority to sell its assets. Where there is a will, that is the executors named in it; where there is no will, the court appoints administrators (this grant is called letters of administration). Either way, they carry a legal duty to administer the estate properly, which includes obtaining a reasonable price for the house.
Can you sell before the grant?
Yes - up to a point. You can instruct an estate agent, market the property and accept an offer "subject to probate". What you cannot do is exchange and complete the sale until the grant is issued. Buyers and their conveyancers understand this, so being upfront that the sale depends on probate is the best way to avoid a collapse later.
How long probate takes in 2026
Gov.uk says you will usually get the grant within about 12 weeks of applying. Straightforward online applications are frequently faster, while estates that owe inheritance tax, or have missing documents or disputes, take longer. That gov.uk figure is a general published service standard rather than a measured average. Data published by the Ministry of Justice tells a more detailed story: across all probate applications in Q1 2026, the mean time from application to grant was around 5 weeks, driven mainly by straightforward digital applications, about 70% of the total, which typically complete in around 2 weeks, while stopped or disputed cases average closer to 14 weeks. See our probate property volumes data for the full breakdown. Both figures are legitimate: gov.uk's 12 weeks is a cautious service standard estimate, while the MoJ's 5 week mean reflects what is actually happening across the system today. After the grant, the property sale proceeds like any other conveyance.
Keeping a probate sale on track
Get a probate valuation early: it is needed for the estate, and it also fixes the base cost for any future capital gains tax. Settle the inheritance-tax position, since IHT generally has to be paid, or arrangements made, before the grant is issued - tax attributable to property can often be paid in instalments. Keep your buyer informed about the probate timeline, and if certainty matters more than squeezing the last few percent, consider an auction or a probate property buyer.
If you need certainty
Ordinary chains collapse, and a probate sale that drags can cost the estate in empty-property bills. For empty or dated homes, an auction or a funded cash buyer trades a little price for a fixed, reliable completion once the grant is in hand.
Frequently asked questions
Can you put a house on the market before probate is granted?
Yes. You can market it and agree a sale subject to probate, but you cannot complete until the grant of probate or letters of administration is issued.
How long does probate take in 2026?
Gov.uk says you usually get the grant within about 12 weeks of applying, its general published service standard rather than a measured average. Data published by the Ministry of Justice shows a mean of around 5 weeks for straightforward digital applications in the most recent quarter, extending to about 14 weeks for stopped or disputed cases. Straightforward online applications are often faster, while estates with inheritance tax to pay or missing information take longer.
Who is responsible for selling a probate property?
The executors named in the will, or court-appointed administrators if there is no will. They have a legal duty to handle the sale properly, including obtaining a reasonable price.
Do you pay inheritance tax before or after probate?
Any inheritance tax due generally has to be paid, or arrangements made, before the grant is issued. The estate - not the beneficiary - pays it, and tax on property can often be paid in instalments.