You probably know that ‘getting probate’ takes ages.
But here’s some good news – you don’t actually need to wait for the grant of probate to start the process of selling the house.
You can begin marketing the property “subject to probate” while your application is being processed. However, you still can’t formally complete the sale until probate is granted, and even then you’re looking at another 8-16 weeks before the money actually reaches beneficiaries.
This extended timeline often creates serious cash flow problems when estate bills keep mounting and family members are asking when they’ll receive their inheritance. Understanding the real process from marketing to receiving money helps you plan properly and shows you there are practical solutions if you need funds sooner.
What You Can Do Before and After Probate Is Granted
Here’s where many people get confused about the timing.
You can actually start marketing the property before receiving your grant of probate. Estate agents regularly advertise properties as “subject to probate” or “subject to grant of probate,” which means the sale is conditional on the legal authority being granted.
Before probate is granted, you can:
- Instruct estate agents to market the property
- Arrange professional photos and create marketing materials
- Conduct viewings with potential buyers
- Receive and negotiate offers
- Get quite far through the legal process with buyers’ solicitors
What requires the actual grant:
- Exchanging contracts with the buyer
- Completing the sale and transferring ownership
- Accessing any sale proceeds
This “subject to probate” approach is actually smart because it means you can find a buyer and progress negotiations while waiting for your grant. Once probate arrives, you can move straight to exchange and completion.
Related: Who Owns A Property During Probate?
How Property Sales Work With Probate Applications
The beauty of marketing before probate is that you’re not losing valuable time.
Property sales in the UK average 8-12 weeks from offer acceptance to completion anyway, so starting the marketing process early can significantly reduce your overall timeline.
The Marketing Timeline
You can begin marketing as soon as you’ve submitted your probate application, provided you’re clear with estate agents and potential buyers that the sale is “subject to probate.” Most buyers understand this situation, especially when buying estate properties.
Professional estate agents experienced with probate sales know how to manage this process. They’ll include appropriate disclaimers in marketing materials and can guide buyers’ expectations about the conditional nature of early negotiations.
From Probate Grant to Completion
Once you receive the grant of probate, the standard conveyancing process takes 8-12 weeks from accepting an offer to completion. Your estate solicitor will work with a conveyancing solicitor to handle the sale, providing the grant and other estate documentation that proves your authority to sell.
Estate property sales often have advantages over standard sales. They’re usually chain-free, which attracts buyers looking for more certainty. You’re also generally more flexible on timing and price than emotional sellers leaving a family home.
What Can Speed Up or Delay Your Sale
If you’ve already found a buyer while waiting for probate, completion can happen relatively quickly once the grant arrives. Cash buyers can complete in just 3-4 weeks after probate is granted, while mortgage-dependent buyers usually need 8-12 weeks.
Delays often occur when multiple beneficiaries need to agree on decisions, when the property needs repairs, or when buyers encounter mortgage problems. Market conditions obviously affect how quickly you find suitable buyers initially.
Who Makes Decisions About Marketing and Sale
As an executor, you have the authority to make decisions about marketing the property, even before probate is granted. However, you’ll want to keep beneficiaries informed about your plans, especially regarding pricing and timing.
If there are multiple executors, you’ll need agreement on major decisions throughout the process. This includes initial marketing strategy, price setting, and which offers to accept. Sometimes this slows things down when executors have different priorities.
Some wills include specific instructions about property sales. You might need to offer the house to family members first, or the will might specify conditions about timing or pricing that affect your marketing approach.
Related: The Role of an Executor or Administrator
When You Actually Receive Money from the Sale
Completion day is when the buyer’s money arrives and you transfer ownership.
However, this doesn’t mean beneficiaries immediately receive their inheritance share. The sale proceeds must go into the estate bank account first.
All outstanding estate debts, professional fees, and taxes need to be paid before any distribution to beneficiaries. This process can take several more weeks, particularly when you’re waiting for final tax calculations or handling complex estate accounts.
For executors facing immediate financial pressures, this timeline from starting the sale process to beneficiaries actually receiving money can span many months, creating real cash flow challenges.
Alternative Options for Immediate Financial Needs
Property sales take time, but bills don’t wait.
Many executors find themselves struggling when they need to pay inheritance tax within six months of death, maintain properties, or cover professional fees while managing the extended sale timeline.
Family loans sometimes help bridge this gap, where other beneficiaries or relatives provide temporary funding. Some solicitors offer small executor advances for immediate expenses, though these are usually limited to a few thousand pounds.
Probate Loans as a Funding Solution
A probate loan offers a more substantial solution when you need significant funds before the property sale completes. This is short-term lending secured against the deceased’s estate rather than your personal assets or credit history.
You can borrow between 25-50% of the estate value, with funds often available within days of approval. The loan is repaid directly from the sale proceeds when completion happens, so there are no monthly payments to manage. Most lenders don’t require credit checks because the security comes from the estate’s value rather than your personal financial situation.
This type of funding particularly helps executors facing inheritance tax deadlines or beneficiaries with urgent financial needs. It’s also useful for maintaining properties during the sale period, ensuring they stay in good condition and achieve the best possible sale price.
Practical Steps to Take Now
Don’t wait for probate to be granted before thinking about the property sale.
You can start planning your marketing strategy and even begin the process while your probate application is being processed.
Choose estate agents with proven experience in probate property sales. They understand how to market properties “subject to probate” and can manage buyers’ expectations about the conditional timeline effectively.
Managing Family Expectations
Be upfront with beneficiaries about the realistic timeline from probate application to receiving inheritance money. Even with early marketing, they’re looking at several months before seeing any funds.
If you’re facing cash flow pressures, explore funding options early rather than waiting until you’re desperate. Compare different solutions carefully, considering the total cost against the benefits of having money available sooner.
Remember that property sales after death aren’t just about legal processes – they’re about making practical decisions that work for your family’s circumstances. Whether you proceed immediately with marketing or explore alternative funding depends on your specific situation and financial pressures.
Getting professional advice early helps you understand all your options and create the most efficient timeline for your particular circumstances.
Frequently Asked Questions
Yes, you can market the property “subject to probate” while your probate application is being processed. This means viewings, offers, and negotiations can begin, but you cannot exchange contracts until probate is granted.
Related: How Long Does Probate Take? Timeline, Delays and What to Expect
The completion process usually takes 8-12 weeks from accepting an offer. If you already have a buyer from marketing “subject to probate,” this timeline starts from when probate is granted.
As an executor, you have legal authority to sell. However, beneficiaries can apply to the court if they believe you’re acting improperly. Keeping them informed helps avoid disputes.
Sale proceeds go into the estate bank account first. All debts, taxes, and professional fees must be paid before any money can be distributed to beneficiaries.
Yes, probate loans allow you to borrow against your expected inheritance, with funds often available within days of approval. Executors can use executor loans to help settle the IHT bill.
You’ll need to continue paying maintenance, insurance, and utility costs from estate funds. Consider probate loans if these ongoing expenses create cash flow problems.
Yes, personal possessions can be sold independently. Many families hold house clearance sales or use specialist valuers for valuable items before marketing the property.
Consider whether repairs will increase the sale price enough to justify the cost and delay. Sometimes selling “as seen” for a lower price is more practical for estate administration.
Remember, you are not able to secure a mortgage or bridging loan against any property within the deceased’s estate.
Related: Who Owns A Property During Probate?
Further Reading
For comprehensive guidance on the probate process and your responsibilities as an executor, visit the official government probate service at gov.uk/probate-application where you’ll find detailed information about applications, fees, and legal requirements.
The Law Society provides extensive resources for finding qualified probate solicitors and understanding your legal obligations at lawsociety.org.uk/topics/private-client/probate-and-administration-of-estates including guidance on complex estate matters.
HMRC’s inheritance tax guidance offers essential information about tax obligations and payment deadlines at gov.uk/inheritance-tax which is particularly important for executors managing estate finances.
Citizens Advice provides practical, free guidance on dealing with someone’s affairs after death at citizensadvice.org.uk covering everything from initial steps to final distribution.
The Probate Registry offers detailed information about court processes and application procedures at gov.uk/government/organisations/hm-courts-and-tribunals-service including guidance on complex cases and appeals procedures.
