Selling an Inherited Property: A Step-by-Step Conveyancing Guide for Executors

Selling a property that you have inherited, or that forms part of an estate you are administering, is rarely just a property transaction. It involves grief, family dynamics, tax deadlines and a legal process that most people only ever encounter once or twice in their lifetime. It is also, for many executors, the single largest financial decision they will ever make on someone else’s behalf.

This guide walks you through the conveyancing side of selling an inherited property in England in 2026, step by step. It covers the role of the executor, how the grant of probate affects your timeline, the inheritance tax and capital gains tax positions, and the practical issues that come up most often when a property is sold from an estate.

Who can sell an inherited property?

Only the people legally authorised to administer the estate can sell the property. These are known as the personal representatives (PRs). Depending on whether the deceased left a valid Will, the PRs will be either:

• Executors, named in the Will, or
• Administrators, appointed by the court where there is no Will (an intestate estate)

The PRs hold legal authority once the grant of representation has been issued by the Probate Registry. This is called a grant of probate where there is a Will, or letters of administration where there is not. Whichever applies, you cannot complete the sale of an inherited property until that document has been issued.

The probate timing trap (marketing, exchanging and completing)

This is the most common source of confusion for executors, so it is worth being precise. There are three separate stages of a property sale, and each has a different relationship with probate:

• Marketing the property: You can put the property on the market and accept an offer before the grant has been issued. There is no legal restriction on advertising, viewings or accepting an offer subject to contract. Most estate agents and conveyancers are familiar with this.
• Exchanging contracts: In practice, most buyers’ solicitors will not allow exchange to take place until the grant has been issued, because until that point the executors do not have the legal authority to enter into a binding contract to sell. Some firms will exchange “subject to grant” in narrow circumstances, but this is unusual.
• Completing the sale: Completion cannot happen without the grant. The PRs must present the original grant to the buyer’s solicitor and the Land Registry as part of registering the new ownership.

The implication is straightforward. You can save weeks by instructing a solicitor early, applying for the grant of probate, and marketing the property at the same time. Waiting until the grant arrives before doing anything else can easily add two or three months to the overall timeline.

How long does probate take in 2026?

For straightforward estates, HMCTS is currently issuing grants within around 12 to 16 weeks of receiving a complete application. Estates with inheritance tax to pay take longer, because HMRC must process the IHT account before the grant can be issued. Complex estates, contested Wills, or applications with missing information can take significantly longer.

This is the single biggest reason to instruct a conveyancing solicitor and a probate solicitor early. The two processes can run in parallel, and the property sale can be ready to exchange the moment the grant lands.

Step 1: Get an accurate probate valuation

Before anything else, the property needs to be valued at the date of death. This figure (known as the probate value) does two important jobs:

1. It is used to calculate inheritance tax payable by the estate.
2. It becomes the base cost for capital gains tax if and when the property is later sold.

For most estates worth less than the inheritance tax thresholds, two or three estate agent valuations are sufficient. For higher value estates, or where IHT is clearly going to be due, HMRC strongly prefers a formal valuation from a RICS registered surveyor. Getting this right matters. A probate value that is too low reduces the IHT bill but increases any future CGT charge, while a value that is too high does the opposite. HMRC has the power to challenge valuations, particularly where the property sells shortly afterwards for a markedly different figure.

Step 2: Understand the inheritance tax position

Inheritance tax is paid by the estate, not by the beneficiaries personally. The basic position for the 2026/27 tax year is:

• The nil-rate band is £325,000. No IHT is payable on the first £325,000 of the estate.
• A separate residence nil-rate band of £175,000 is available where the deceased’s main home is being passed to direct descendants (children, grandchildren and certain others).
• Between them, this gives an effective threshold of up to £500,000 per person, or up to £1,000,000 for a married couple or civil partners where the second to die inherits the unused allowance from the first.
• IHT is charged at 40% on the value of the estate above the available threshold.
• IHT must be paid within six months of the end of the month of death. Interest accrues at HMRC’s published rate (currently between 7.5% and 9% in early 2026) on any tax paid late.

A key practical issue is that, in most cases, the grant of probate will not be issued until at least some of the IHT has been paid. This can create a chicken-and-egg situation where the estate needs to sell the property to pay the tax, but cannot sell the property without the grant. HMRC offers several routes to deal with this, including paying IHT on property in instalments over up to ten years, releasing funds directly from the deceased’s bank accounts, and (in limited cases) issuing a grant “on credit”.

Your probate solicitor will guide you through these options. The conveyancing process can usually move ahead in the background while this is being resolved.

Step 3: Understand the capital gains tax position

There is no capital gains tax payable when you inherit a property. The property passes to the estate at its market value at the date of death, which becomes the new base cost.

CGT becomes relevant when the property is later sold for more than that probate value. The position depends on whether the sale is made by the personal representatives during the administration of the estate, or by a beneficiary after the property has been transferred to them.

If the personal representatives sell during the administration period:

• They pay CGT at the higher rate of 24% on any gain above the probate value (less allowable selling costs).
• They are entitled to the full annual exempt amount (£3,000 in 2026/27) for the tax year of death and the two following tax years.
• After that two year period, no further annual exemption is available to the PRs.
• Private Residence Relief may apply where the deceased lived in the property as their main home until shortly before death, and the sale takes place within a reasonable period afterwards. This can eliminate the CGT charge entirely.

If the property is transferred to a beneficiary who then sells it:

• The beneficiary’s base cost is the probate value.
• CGT is paid at 18% or 24% depending on the beneficiary’s other income for the year.
• The beneficiary uses their own annual exempt amount of £3,000.
• If the beneficiary moves into the property as their main home, Private Residence Relief may apply.

In both cases, any CGT due must be reported and paid via HMRC’s UK Property Reporting Service within 60 days of completion. Late filing triggers automatic penalties even where the tax owed is small.

This is one of the areas where the timing of the sale, and who actually makes the disposal, can have a meaningful effect on the tax bill. It is worth taking joined-up advice from your probate solicitor, conveyancing solicitor and (where relevant) an accountant before deciding the structure of the sale.

Step 4: Documents your conveyancing solicitor will need

When you instruct Gorvins Residential to sell an inherited property, we will ask for:

• The grant of probate or letters of administration (we can act before this is issued, but cannot complete until it has been received)
• The death certificate
• Identification documents for each personal representative
• The title deeds or title number for the property
• A current Energy Performance Certificate (or instructions to arrange one)
• The probate valuation of the property
• Details of any mortgage or charge that needs to be redeemed on completion
• Details of any tenants in occupation if the property is let
• Practical access information for viewings, surveys and clearance

We will then prepare the contract pack, deal with enquiries from the buyer’s solicitor and, on completion, distribute the sale proceeds in accordance with your instructions and the terms of the Will.

Step 5: Multiple executors and disagreeing beneficiaries

It is common for there to be more than one executor (often siblings) and more than one beneficiary, who may have very different views on whether and when to sell. A few practical points:

• All executors must agree to the sale and all must sign the contract and transfer deed. One executor cannot unilaterally bind the others.
• Beneficiaries are not parties to the sale itself, but they have a right to be kept informed about the administration of the estate. Where beneficiaries disagree with a sale, this can sometimes give rise to a contested estate, which is dealt with by a separate area of law (contentious probate).
• Your conveyancing solicitor cannot mediate between executors or between beneficiaries, but we can be clear and neutral about what the conveyancing process requires and what each step means.

If you anticipate disagreement, it is worth raising this with your probate solicitor early, before the property is marketed.

Step 6: Practical issues that come up often

Inherited properties tend to throw up issues that newer properties simply do not. Some of the most common include:

• Vacant properties can attract higher insurance premiums and may require ongoing checks to satisfy insurers. Vacant property insurance should be in place from the date of death.
• Tenanted properties require disclosure of the tenancy to the buyer, and the conveyancing process becomes a sale of a tenanted investment rather than vacant possession. Our wider guide on buying a property with a tenant in situ explains the buyer’s perspective.
• Properties in disrepair, where the deceased lived alone for many years, may have outstanding building safety issues, missing FENSA certificates for replacement windows, or unauthorised alterations that show up in searches. Indemnity insurance can often resolve historic minor breaches, but it is best to identify them early. Our article on what indemnity policies are and why your solicitor might ask for one covers this in more detail.
• Missing title documents are surprisingly common where the property was owned for decades. The Land Registry’s electronic records usually cover anything bought since the 1990s, but older properties may need additional title reconstruction work.
• Cash buyers and probate auction sales can be appropriate where the property is dilapidated or where the estate needs a fast sale, but executors have a duty to obtain a reasonable price for the beneficiaries and should take advice before accepting a significantly below-market offer.

Typical timescales for a probate property sale

Every transaction is different, but as a rough guide:

• Marketing to offer accepted: 4 to 12 weeks (depending on the market)
• Grant of probate application to issue: 12 to 16 weeks for straightforward estates
• Offer accepted to exchange of contracts: 8 to 14 weeks
• Exchange to completion: 1 to 4 weeks

In total, a probate sale typically takes 4 to 8 months from instructing the agent to completion. The probate application is usually the gating item. Where the grant is in hand before the buyer is found, the timetable can be considerably shorter.

How Gorvins Residential can help

Selling a property from an estate is something our residential conveyancing team handles regularly. We work closely with executors, probate solicitors and beneficiaries across Greater Manchester, Stockport, Cheshire and the wider North West, and we understand that these transactions are often happening at a difficult time for the family.

You will have a single dedicated conveyancer for the whole sale, clear fixed fee pricing, and proactive communication at every stage. Where you also need probate advice, we can refer you to a trusted probate solicitor or work alongside one of your choosing.

For a transparent, fixed fee quote on the sale of an inherited property, call us on 0161 930 5350 or email Enquiries@gorvinsresi.com.