Process and Steps
Steps to Take When Selling a Probate Flat
A step-by-step guide for executors and administrators selling a leasehold flat as part of an estate, from establishing authority through to completion.
Why a Probate Sale Runs Differently
Selling a flat as part of an estate is the same conveyancing process as any other sale, with extra steps before and around it. The key difference is who the seller is. Not the deceased, but the executor (the person named in the will to administer the estate), or the administrator if there is no will. An executor can take some preparatory steps after the death, but the grant of probate is the formal evidence of authority the buyer's solicitor and HM Land Registry will normally want to see; an administrator has no authority to deal with the estate until letters of administration are issued.
The good news is that most of the sale can run in parallel with the grant application. The property can be marketed, an offer accepted and most conveyancing work completed before the grant is issued. Exchange is normally postponed until the grant is available, although a solicitor may occasionally advise using a contract conditional on the grant. Completion and transfer of ownership cannot normally take place until the grant has been issued. Marketing and preparing the conveyancing while the probate application is progressing may reduce the overall transaction time compared with waiting for the grant before starting the sale.
Three other features make probate sales their own thing. The valuation has to satisfy HMRC (HM Revenue & Customs) for inheritance tax purposes as well as set the asking price. The flat is usually empty, with insurance and council tax consequences. And there are often multiple executors who all have to agree, sign and act jointly. Each is manageable, but each adds steps that a normal sale does not have. This guide provides general information for England and Wales and is not legal, tax, financial, insurance or valuation advice. The correct procedure will depend on the will, grant, property title, lease, estate circumstances and applicable local authority rules. Executors and administrators should obtain professional advice on the particular estate.
The whole process condenses into five steps. The valuation and the marketing happen while the grant application is being processed, which is where executors save the most time.
- Establish your authorityConfirm who the executors are and apply for the grant of probate as early as you can.
- Get a probate valuationAn open-market value at the date of death, for the estate accounts and HMRC.
- Market in parallelList subject to probate, accept an offer, instruct a solicitor and order the management pack while the grant is processed.
- Grant issuedThe grant provides the formal evidence normally required to complete the sale and transfer the property.
- Exchange and completeThe acting personal representatives execute the sale documents; the proceeds form part of the estate.
Establishing Your Authority to Sell
Before any sale can complete, the personal representatives need to show authority to transfer the flat to a buyer. An executor is appointed by the will and may take certain preparatory steps after the death, but the grant of probate provides the formal evidence of authority normally required by the buyer's solicitor and HM Land Registry. Where there is no will, an administrator has no authority to deal with the estate until letters of administration have been issued. Both grant of probate and letters of administration are forms of "grant of representation": the formal document confirming who can act for the estate.
Executor or administrator
If the deceased left a valid will, the executors named in the will apply for a grant of probate. Where there is no valid will, the person with priority under the intestacy and probate rules may apply for letters of administration, and the person granted authority is called an administrator. There may be more than one person with equal entitlement, so legal advice may be needed where the position is unclear. The two documents do the same job for the purpose of selling a flat: a buyer's solicitor will accept either as evidence the seller can transfer ownership.
Multiple executors must act jointly
Most wills name two or more executors, often family members and sometimes a solicitor. They have to act together. All personal representatives named in the grant who are acting will normally need to execute the sale documents: the contract on exchange and the TR1 (the transfer document HM Land Registry uses to record the change of ownership) on completion, even if only one is doing the day-to-day. An executor who has renounced or has power reserved will not normally sign. Where appropriate, a person acting under a valid power of attorney may sign on a personal representative's behalf, subject to the conveyancer's approval. If a personal representative is reluctant, abroad or in dispute with the others, the sale stalls until the signature is in hand. Where one truly cannot act, they can apply to be removed or have the grant made to the others alone, but it is a step that takes time and legal cost.
The practical advice: confirm at the start, in writing, that the acting personal representatives agree on the sale route (open market, auction or direct cash buyer), the asking price and who will lead the day-to-day. A short note signed by all of them saves weeks of friction later when a decision needs to be made quickly.
What you can act on before the grant
Until the grant is issued, ownership cannot be transferred. What you can do is start everything that does not require the transfer itself: instruct a solicitor, secure the flat, confirm the empty-flat insurance position with the managing agent (and arrange specialist contents cover if needed), gather the lease and management paperwork and (importantly) market the flat. Most estate agents will list a probate flat on a "subject to probate" basis; most buyers' solicitors will continue with searches and enquiries pending the grant.
- Market the flat, subject to probate
- Hold viewings and accept an offer
- Instruct a solicitor and draft the contract pack
- Order the management pack
- Run searches and raise enquiries
- Exchange of contracts
- Completion and transfer of ownership
The Probate Valuation
HMRC needs a value for the flat at the date of death. This figure is used for the inheritance tax calculation: on the IHT400 form for taxable estates, or, for non-taxable excepted estates, as part of the online probate application itself (since 1 January 2022, no separate paper IHT205 form is required). The valuation sits on the estate's records permanently and is separate from the asking price you set when marketing, although in practice the two figures are usually close.
HMRC expects an open-market value: the figure a willing buyer would pay a willing seller, with the property reasonably exposed to the market. There are two routes to that figure.
Estate agent appraisals
Gov.uk says property can be valued by an estate agent or chartered surveyor. Estate agent appraisals may provide useful supporting evidence for a straightforward estate, but the personal representatives remain responsible for providing an accurate open-market value at the date of death. A professional valuation is advisable where inheritance tax may be payable, the value is uncertain or the property has unusual features. Keep any appraisals on the estate's file as evidence.
RICS Red Book valuation
A valuation prepared by an RICS (Royal Institution of Chartered Surveyors) Registered Valuer in accordance with Red Book standards provides strong independent evidence of the property's open-market value at the date of death. It is the right route where the inheritance tax position is borderline, where co-owners need an objective figure, or where executors want to be able to support their decisions to beneficiaries later. It is not binding on HMRC, which may still review or challenge the figure. Valuation fees vary according to the property, location, complexity and valuer, so obtain a written quotation before instructing a surveyor.
A note on conservative valuations
Executors sometimes face pressure to value the flat low, either from beneficiaries hoping to reduce the IHT bill or from a sense that a cautious figure is "safer". HMRC may review a probate valuation if it considers that the date-of-death value was understated. The applicable assessment time limit depends on the circumstances, including the nature of any error and the conduct involved. A later sale price may be relevant evidence, but it does not by itself prove that the probate valuation was incorrect. The principle is straightforward: value at the open-market figure as of the date of death, document how it was arrived at, and keep the supporting paperwork. The right valuation is the defensible one, not the lowest one.
Inheritance Tax and the Timing Constraint
For estates above the nil-rate band, inheritance tax (IHT) is the largest financial item executors deal with. It also creates an awkward timing constraint: IHT must be calculated and at least partly paid before the grant of probate is issued, but the sale of the flat (often the estate's biggest asset) cannot complete until after the grant.
The thresholds
Each individual has a nil-rate band of £325,000. The standard inheritance tax rate is 40 percent on the chargeable part of the estate after applying any available exemptions, reliefs and allowances. A reduced rate of 36 percent may apply where the relevant charitable giving conditions are met. Where the family home is left to direct descendants (children, grandchildren, stepchildren), an additional residence nil-rate band of £175,000 applies, tapering for estates above £2 million. A surviving spouse can inherit any unused nil-rate band and residence nil-rate band from the first death, doubling the available threshold (potentially £650,000 plus £350,000 for a surviving spouse on the second death). Both bands are frozen until 5 April 2031 under current Treasury policy.
Paying IHT before the grant
The most common route is HMRC's Direct Payment Scheme (form IHT423): banks and building societies pay the IHT directly to HMRC from the deceased's accounts on the executors' instruction, without waiting for the grant. Beyond that, executors can pay the IHT from their own funds and reimburse themselves from the estate after the grant, or use a short-term probate loan from a specialist lender (interest applies, but can be cheaper than the alternative if the timeline is short).
The instalment option for property
Inheritance tax attributable to qualifying land and buildings may be paid in ten annual instalments rather than in a single lump sum, with interest charged on the outstanding balance. Tax that does not qualify for instalments, together with any instalment and interest already due, will normally need to be paid before the grant is issued. If the property is sold, the outstanding inheritance tax attributable to it becomes payable. The interest rate is set by HMRC and changes; take advice on whether the saved cash flow outweighs the interest cost for your situation.
Where to get advice
For estates above the nil-rate band, paying for a probate solicitor or specialist accountant to handle the IHT400 is usually money well spent. The form is detailed, the rules around lifetime gifts and trusts are technical, and the cost of getting it wrong (penalties, interest, an HMRC enquiry) is much higher than the cost of getting it right. For estates well below the threshold, applying directly via the gov.uk online probate service is a reasonable option.
Marketing Before the Grant Arrives
The single biggest time-saver in a probate sale is marketing the flat in parallel with the probate application rather than after it. Preparing the conveyancing while the application is progressing may reduce the overall transaction time compared with waiting for the grant before starting the sale.
What can happen pre-grant
- The flat can be listed (most agents accept "subject to probate" wording in the listing).
- Viewings can take place.
- An offer can be accepted in principle.
- A solicitor can be instructed and the contract pack can be drafted.
- The lease and title can be obtained from HM Land Registry, the management pack ordered and TA forms drafted.
- The buyer's solicitor can run searches and raise initial enquiries.
Exchange and completion
Exchange is normally postponed until the grant is available, although a solicitor may occasionally advise using a contract conditional on the grant. Completion and transfer of ownership cannot normally take place until the grant has been issued. In practice, most pre-grant work is preparation for an exchange and completion that happen back-to-back, or close together, once the grant arrives.
Buyers and the wait
Some buyers will wait for a probate timetable; others will not. Cash buyers and seasoned property investors usually expect probate timing and accept it. First-time buyers and chain-dependent buyers often need a faster path and may walk away if a grant is months out. Make the probate position clear from the listing onwards, so buyers self-select. An agent who tries to soft-pedal the probate status to keep buyers on the hook will usually find the offer falls through later.
How long the grant takes
Gov.uk says a grant is usually issued within 12 weeks of the probate application being submitted. Applications involving queries, missing information, paper documents, inheritance tax issues or disputes may take longer. Where an IHT400 is required in England and Wales, HMRC will issue a unique code after it has processed the return and received sufficient payment; the code is entered in the probate application, and form IHT421 now applies to Northern Ireland rather than England and Wales. A 12-week working assumption is sensible; update the agent and the buyer as the application firms up.
Looking After an Empty Flat
Most probate sales involve an empty flat. The practical and financial consequences catch executors out routinely: the managing agent needs to be told (with knock-on effects for buildings insurance), council tax can become payable once the Class F exemption ends, and several smaller administrative tasks need attention while the flat sits empty.
First, find out who manages the building
Many executors do not know the building's management arrangements. The deceased may have lived there for decades, the freeholder may have changed hands, and the managing agent's contact details may not be in any obvious place. Start with the most recent service charge demand or ground rent demand among the deceased's papers; both will name the managing agent and usually the freeholder. If those are not to hand, the leasehold title register and the freehold title register can be ordered online from HM Land Registry for £7 each, and the freeholder's contact details should be on the freehold register.
Where the freeholder genuinely cannot be found, the sale becomes more complicated. A separate guide on this site covers selling a leasehold flat with a missing freeholder in detail. This is rare but real, particularly for older converted houses where the freehold has fallen out of active management.
Tell the managing agent (or freeholder)
A leasehold flat is administered by a managing agent, or by the freeholder directly in smaller buildings. Notifying them of the death is one of the first practical steps. Service charge and ground rent demands will have been going to the deceased and now need to come to the executors. The managing agent also needs to know the flat is unoccupied so the block buildings insurance position can be confirmed (covered next), and so that any communal correspondence (Section 20 major works notices, AGM (annual general meeting) papers, lift or service outage updates) reaches someone who can act on it. A short letter or email confirming the date of death, the executors' contact details and a copy of the death certificate is usually enough to update the records.
Buildings insurance and the block policy
Most leasehold flats are insured under a block policy arranged by the freeholder, management company or managing agent, although the lease should be checked to confirm the insurance arrangements. Executors should also confirm whether the existing policy continues to provide adequate cover while the flat is unoccupied and whether any additional cover is required. Many policies contain conditions or restrictions relating to unoccupied properties: the notification period, inspections required and cover exclusions vary between insurers and policies. Ask the managing agent in writing what the block policy says about unoccupied flats, what they need from the executors, and request a copy of the policy or the relevant extract for the estate's records.
Contents cover
Contents are not part of the block buildings policy. Contents insurance may be restricted or withdrawn when a property becomes unoccupied, so executors should notify the insurer promptly and check the policy terms before assuming that cover continues. If valuable items remain in the flat (or even just the white goods and furniture that may be sold with it), specialist empty-property contents cover is worth considering. If the flat will be cleared promptly and there is little of value left inside, the question is less pressing.
Council tax
A qualifying unoccupied property may be exempt from council tax under Class F (the deceased's estate exemption) while probate or letters of administration are being obtained. The exemption can continue for up to six months after the grant, provided the relevant conditions remain satisfied, the property stays unoccupied and it has not been sold or transferred. Once the Class F exemption ends, standard council tax may become payable. In England, a separate exception prevents an empty-home premium from normally being charged for 12 months from the date probate or letters of administration are granted; this period runs at the same time as the six-month Class F exemption. A further time-limited exception may apply where the property is actively marketed for sale. Council tax premium rules differ in Wales, so Welsh executors should check the relevant local authority's current rules. Executors should confirm the position with the relevant council.
This is a real financial consideration. A council tax liability may arise once the Class F exemption ends, even where an exception from the additional empty-home premium still applies. The amount will depend on the council, the property's history and the available exceptions.
Post, payments and security
Review standing orders and direct debits. Service charge and ground rent payments to the managing agent should continue from the estate's funds; standing orders the deceased no longer needs (subscriptions, charity donations, magazine deliveries) can be cancelled. Consider arranging Royal Mail redirection, and check Royal Mail's current prices and terms when applying. Set lights on a timer so the flat does not look obviously empty from the street. Check the locks and account for any spare keys held by family, cleaners or neighbours.
Final meter readings and utilities
Take meter readings at the date of death for the estate's records, and again at completion for the buyer. Most utility companies will hold an account in the deceased's name pending the sale, although some require closing the account and reopening it in the executors' name. Keep written records: utility disputes are a common cause of small but distracting late-stage friction.
Conveyancing and Completion as an Executor
When it comes time to exchange and complete, the conveyancing runs the same as any leasehold sale, with a few differences: who signs, the grant as a hard precondition, and some leasehold mechanics around notices, apportionment and pending major works that often catch executors out.
Who signs the sale documents
The personal representatives are the legal sellers. All personal representatives named in the grant who are acting will normally need to execute the sale documents: the contract on exchange and the TR1 on completion. An executor who has renounced or has power reserved will not normally sign. Where appropriate, a person acting under a valid power of attorney may sign on a personal representative's behalf, subject to the conveyancer's approval. If a personal representative lives abroad, signing arrangements need to be made early. The buyer's solicitor will check the original or a certified copy of the grant, and will verify the personal representatives' identities under the same anti-money-laundering checks any solicitor runs.
Completion is conditional on the grant
The grant is the precondition for the final steps. Exchange is normally held until it is available (a solicitor may occasionally use a contract conditional on the grant), and completion and transfer of ownership cannot normally take place until it has been issued. If a buyer is in a hurry, the solicitor can prepare everything in advance so that exchange and completion follow within days of the grant arriving.
Notices to the freeholder under the lease
Many leases require formal written notices to the freeholder (or their managing agent) when the lease changes hands. Common examples:
- Notice of death, devolution or transmission: some leases, company articles or management arrangements require one. The requirement, terminology, deadline and fee vary, so the conveyancer should check the lease and management requirements to establish whether a notice is needed.
- Notice of Transfer on completion, when the flat is assigned to the buyer.
- Notice of Charge on completion, if the buyer has a mortgage, identifying the new lender.
Notice and administration fees vary according to the lease and the freeholder or managing agent's published requirements, so ask for an up-to-date fee schedule at the start of the transaction. The buyer's solicitor usually handles the Transfer and Charge notices at completion; any notice relating to the change of ownership on death is the personal representatives' responsibility, although in practice it is often dealt with alongside the others.
Pending major works (Section 20 notices)
If the freeholder has notified any qualifying major works under Section 20 of the Landlord and Tenant Act 1985, the cost will fall on the leaseholders by service charge. Responsibility for major works costs depends on the lease, the date on which a valid service charge demand becomes payable and the terms negotiated in the sale contract. Where costs are uncertain, the conveyancers may agree a retention, allowance or other contractual arrangement.
Executors often do not know what is in the pipeline. The management pack will list any pending Section 20 notices, but if you suspect a major works programme is coming (a new roof, lift replacement, external decoration cycle), ask the managing agent in writing before going to market. A £15,000 contribution heading the flat's way will affect what a buyer offers; trying to hide it will surface in conveyancing and kill the sale. Honest disclosure with the figures, where known, is the better path.
Service charge apportionment and the reserve fund
Two leasehold-specific completion mechanics catch executors out.
First, on completion the service charge and ground rent are apportioned between seller and buyer based on the dates: any service charge the deceased had paid for the period after completion is credited back to the estate, and any unpaid amount up to completion is deducted from the proceeds. The buyer's solicitor will draft the apportionment statement; check it against the management pack figures.
Second, contributions to a reserve or sinking fund normally remain in the fund when the flat is sold and are not refunded to the outgoing leaseholder, unless the lease provides otherwise. People often hear that "the deceased paid £8,000 into the reserve fund" and expect that money back; it does not work that way. Service charge and reserve fund money is generally held on trust and continues to be used in accordance with the lease.
If the building's service charge year-end accounts have not yet been issued at the time of completion, the buyer's solicitor may request a retention, held by one of the solicitors until the accounts are finalised, in case there is a balancing demand. Whether a retention is agreed and the amount retained will depend on the circumstances and negotiations between the conveyancers; it is released to the estate once the accounts confirm no further amount is owed.
Share of freehold or RMC membership
If the building is a share of freehold (the leaseholders collectively own the freehold company) or has a Resident Management Company or Right to Manage company, the deceased held a share or membership alongside the lease. These transfer separately:
- A stock transfer form is signed by the personal representatives, transferring the share to the buyer.
- The company's directors (or company secretary) approve the transfer and update the register of members.
- If the deceased was a director of the company, the company (its remaining directors, secretary or managing agent) notifies Companies House that the directorship ended on death, using form TM01. This is the company's responsibility, not the executors'.
Where a share or membership is connected to the flat, the conveyancers should check the company's articles and transfer requirements. The stock transfer form may be signed before completion, although registration of the buyer as a member and issue of a replacement certificate may take place afterwards. Any fee for the transfer paperwork varies, so ask the company or managing agent for current figures.
Can my probate solicitor also do the conveyancing?
This is a question we are asked often. The short answer is: it depends on whether the firm has both specialisms in-house.
Probate and conveyancing are different bodies of law and different bodies of work. A probate solicitor handles the will, the grant application, IHT and the distribution of the estate. A conveyancer handles the property sale: lease enquiries, the management pack, building safety, the contract, exchange and completion. Within a larger firm, both departments commonly exist side by side, and using the same firm for both is straightforward and often efficient. The probate team handles the estate, the property team handles the sale, and the two teams talk to each other about the timing of the grant.
The trap to avoid is a solicitor who is a probate specialist but takes on the leasehold conveyancing as a sideline. Leasehold conveyancing is its own discipline: dozens of specific enquiries on the lease, the freeholder, the management pack, EWS1 (External Wall System fire-safety form) status, building safety. A probate-led solicitor doing the conveyancing infrequently can take longer, miss issues or struggle with leasehold-specific items in a way that delays the sale. Three questions to ask before instructing a single firm for both:
- How many leasehold flat sales does the property team complete in a typical month?
- Will the firm's property department handle the sale, or will my probate solicitor handle it personally?
- Who specifically will be the named conveyancer on the file?
If the answers are clear and the property department is genuinely active in leasehold work, one firm for both is efficient. If the answers are vague, or it becomes clear the probate solicitor will handle the conveyancing themselves without leasehold experience, separate the work: keep the probate solicitor for the estate side, and instruct a leasehold-experienced conveyancer for the sale.
Choosing Your Sale Route
Three main routes are open to executors: open market through an estate agent, traditional unconditional auction or direct sale to a specialist cash buyer. Each has a place. The right answer depends on the flat, the timetable, and the executors' priorities.
Open market
An open-market sale may achieve a higher gross price than a direct or auction sale, particularly where the flat is readily mortgageable and in marketable condition. This is not guaranteed, and selling costs and holding costs should also be considered. The cost is time and uncertainty: viewings, marketing run-up, longer timeline, fall-through risk. For executors managing the sale from a distance, or with limited capacity to handle viewings and the back-and-forth, this is the heaviest of the three routes. Estate agent fees vary according to the agent, location, contract and service offered, so obtain and compare written terms.
Traditional unconditional auction
In a traditional unconditional auction, exchange normally takes place when the auction contract becomes binding, and completion then takes place on the date specified in the auction contract, which is often 28 days later, although the auction conditions can vary. This route suits flats in poor condition, with short leases, with structural issues or where speed and certainty matter more than top price. Buyers know what they are committing to; sellers know when the money is due. Auction works particularly well where the estate has limited time or appetite for an extended marketing campaign, or where the flat would struggle on the open market.
The Modern Method of Auction (MMoA), also called conditional auction, is structurally different and we recommend approaching it with caution. Despite the name, an MMoA sale is not legally binding on the fall of the hammer: the buyer will normally pay a reservation fee under the auction provider's terms, and exchange happens later, with conditions attached. Whether the fee is refundable, and in what circumstances, depends on those terms. The certainty advantage of an unconditional auction does not hold in the same way, so weigh carefully whether the route fits the estate's situation.
Direct sale to a cash buyer
A direct sale to a cash buyer may offer a shorter and more predictable transaction than an open-market sale, although the result depends on probate, title, leasehold information, legal checks and the buyer's ability to complete. Once the grant and required legal information are available, a cash purchase may complete more quickly than a chain-dependent sale, though actual timescales vary, and there are no viewings and no chain. A cash buyer's offer will normally be below the price that might be achieved through a full open-market marketing campaign; the discount will depend on the flat's condition, lease, location, title and the speed and certainty being offered. For executors, the cash offer figure also works as a benchmark: even if you take the open-market route, it gives a sense of the floor below which an open-market negotiation would not be worth accepting.
How to choose
There is no single best route. For a two-bedroom flat in good order, with a long lease and a cooperative managing agent, the open market often nets the most. For a short-lease flat or one in poor condition, the auction or cash buyer routes can net more after factoring in agent fees, refurbishment costs and the holding cost of an empty flat over many months. For executors based abroad or unable to handle viewings, the cash buyer route trades price for ease. Get figures from all three routes, compare honestly, and decide as a group of executors.
Which sale route fits the estate?
If the flat is in good order with a long lease and the beneficiaries are happy to wait for the highest price. Most effort, longest timeline.
If you want a fixed, certain timetable, or the flat is short-lease, unusual or in poor condition. Use a traditional unconditional auction, not the Modern Method.
If speed and certainty matter most: an empty flat running up costs, executors abroad, or a short lease. Below market price, but fast and chain-free.
Holding costs add up. An empty probate flat still runs up insurance, service charges, ground rent and council tax every month, so factor that into the route you pick.
A Note on Legislation in Motion
Two legislative threads worth knowing about.
The Leasehold and Freehold Reform Act 2024 (LAFRA) abolished the two-year qualifying period for statutory lease extension on 31 January 2025. Before this, a leaseholder had to own the lease for two years before being able to make a statutory extension claim, which meant probate flats relied on the personal representatives extending under the deceased's qualifying period (a route with its own time limit). That requirement is gone, but the lease, property and applicant must still satisfy the remaining statutory eligibility requirements. For probate flats with short leases (below 80 years remaining), this matters: the executors, or a beneficiary who inherits the flat, can extend immediately rather than wait. Whether to extend before sale or sell the lease as-is is the same calculation as for any short-lease flat, but the timing constraint is no longer in the way.
LAFRA also contains further reforms, including the abolition of marriage value (the additional cost on extensions where the lease is at or below 80 years), an increase in the standard extension term from 90 to 990 years, and changes to the valuation. These provisions are not yet fully in force and may require commencement regulations or secondary legislation. Freeholders challenged the reforms: the High Court dismissed the judicial review challenge on 24 October 2025, and permission to appeal was granted by the Court of Appeal on 1 April 2026, with a hearing expected late in 2026 or early in 2027. At the time of writing, no formal hearing date has been published. Current legal advice should be obtained before relying on the pending provisions, including before serving any notice: the sums may move significantly if and when they commence.
Inheritance tax thresholds are frozen until 5 April 2031 under current Treasury policy, a freeze extended by a further year at the Autumn 2025 Budget: the £325,000 nil-rate band and the £175,000 residence nil-rate band have not changed since 2009 and 2020 respectively. Estates that were below the threshold a decade ago routinely cross it now as house prices have risen against a frozen band. The practical effect is that more probate sales involve IHT calculations than was the case 10 years ago; budget for advice if the estate is anywhere near the threshold.
Frequently Asked Questions
Yes. The flat can be listed, viewings can take place, an offer can be accepted, a solicitor can be instructed, the management pack can be ordered, and the buyer's solicitor can run searches and raise enquiries. Exchange is normally postponed until the grant is available, although a solicitor may occasionally advise a contract conditional on the grant, and completion and transfer of ownership cannot normally take place until the grant has been issued. Most estate agents will market a probate flat on a "subject to probate" basis, and doing the preparation in parallel with the application may reduce the overall transaction time.
Gov.uk says a grant is usually issued within 12 weeks of the application being submitted. Straightforward digital applications are often quicker; queries, missing information, paper documents, inheritance tax issues or disputes may take longer. Where an IHT400 is required in England and Wales, HMRC issues a unique code once it has processed the return and received sufficient payment, and the code is entered in the probate application; form IHT421 now applies to Northern Ireland rather than England and Wales. Plan the sale on a 12-week working assumption and update as the application firms up.
It depends on the value of the estate and the inheritance tax position. Gov.uk says property can be valued by an estate agent or chartered surveyor. Estate agent appraisals may provide useful supporting evidence for a straightforward estate, but the personal representatives remain responsible for an accurate open-market value at the date of death. A valuation by an RICS Registered Valuer in accordance with Red Book standards provides strong independent evidence, and is advisable where inheritance tax may be payable, the value is uncertain or the property has unusual features. It is not binding on HMRC, which may still review or challenge the figure. Valuation fees vary, so obtain a written quotation before instructing a surveyor.
All personal representatives named in the grant who are acting will normally need to execute the sale documents (an executor who has renounced or has power reserved will not normally sign). The acting personal representatives will normally need to agree the major decisions relating to the sale. If they cannot agree, the transaction may be delayed and legal advice should be obtained, and court involvement may be required in a serious or continuing dispute. Mediation through the probate solicitor often resolves a deadlock; consider agreeing the headline decisions in writing at the start to head off friction later.
The estate pays. In practice, inheritance tax must be paid (in part or in full) before the grant of probate is issued. HMRC's Direct Payment Scheme (form IHT423) lets banks pay inheritance tax directly from the deceased's accounts on the personal representatives' instruction. Inheritance tax attributable to qualifying land and buildings may be paid in ten annual instalments rather than upfront, with interest; tax that does not qualify for instalments, together with any instalment and interest already due, will normally need to be paid before the grant is issued. If the property is sold, the outstanding inheritance tax attributable to it becomes payable.
The mortgage is a debt of the estate. It is repaid out of the sale proceeds at completion, with the lender's redemption statement obtained by the personal representatives' solicitor in the usual way. Notify the lender of the death promptly. The personal representatives should ask what payments remain due and whether the lender can offer temporary forbearance or another arrangement; a payment holiday should not be assumed to be available. Mortgage life insurance, if the deceased had it, may settle the loan separately.
Yes, if the firm has a property department alongside the probate team. Probate and conveyancing are different specialisms, and a larger firm where both teams sit side by side handles the two strands together efficiently. The trap to avoid is a probate solicitor who takes on the leasehold conveyancing as a sideline. Leasehold sales involve specific enquiries the probate team will not see often, and a probate-led conveyance can take longer or miss issues. Ask how many leasehold flat sales the property department completes in a typical month, and who specifically will handle the file. If the answers are vague, instruct a leasehold-experienced conveyancer separately for the sale.
Insurance for a leasehold flat splits in two. The building itself (structure, roof, communal areas) is usually covered by a block policy arranged by the freeholder, management company or managing agent, paid through the service charge, although the lease should be checked to confirm the arrangements. The personal representatives do not arrange this, but they should ask the managing agent whether the policy continues to provide adequate cover while the flat is unoccupied: many policies contain conditions or restrictions relating to unoccupied properties, and the notification period and exclusions vary. Contents insurance is separate and may be restricted or withdrawn when a property becomes unoccupied, so notify the insurer promptly and check the policy terms before assuming cover continues.
It varies. A straightforward estate and property sale may complete within several months, but probate queries, inheritance tax, leasehold information, building safety issues, chains and disputes can significantly extend the timetable. A cash buyer may be able to align the conveyancing timetable with the grant, reducing the period between the grant being issued and completion, though the total time from death to completion depends mainly on the estate and probate process.
The estate is administered under the intestacy rules. Where there is no valid will, the person with priority under the intestacy and probate rules may apply for letters of administration rather than a grant of probate, and the person granted authority is called an administrator rather than an executor. There may be more than one person with equal entitlement, so legal advice may be needed where the position is unclear. The two documents do similar things and the practical sale process is the same, but intestacy can complicate distribution where there are competing claims, so take legal advice early.