Probate

Probate and the family home: what happens to the property

Plain guidance on probate, and the property work we do after a death: selling the house for the executors, registering it to a beneficiary, or removing a joint owner from the register.

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Probate is the process of proving a will, or establishing who may act where there is none, and obtaining the grant that gives the personal representatives authority to deal with the estate. Property Law Online does not obtain grants or administer estates. Property Law Online handles the property: the sale once the personal representatives hold the grant, the assent on form AS1 that registers a beneficiary, and form DJP where a joint owner has died, across England and Wales.

What do I need to do with a house after someone dies?

How the person owned the property decides whether a grant is needed for it. What the family plans decides the rest.

How did the person own the property?
What is the plan for the property?

Answer both and we name the route.

How does selling or transferring an inherited house work?

  1. Read the register

    We obtain the title register to confirm whether the person owned alone or jointly, and whether there is a mortgage or a restriction. That tells us which route applies: a sale, an assent on form AS1, or form DJP. You get a fixed fee agreed in writing before work starts.

    At the start

  2. Check the authority to act

    For a sale or an assent we check that the sealed grant names the personal representatives who will sign. For form DJP, where the deceased was a joint owner, evidence of the death is what the registry needs.

    Once the grant is issued, or at once for DJP

  3. Sell, assent or remove

    On a sale: the contract pack, the buyer's enquiries, exchange and completion, with the proceeds paid as the personal representatives direct. On an assent: form AS1 drafted and signed by the personal representatives. On a DJP: the form prepared with the evidence of death.

    Depends on the route

  4. Lodge with HM Land Registry

    The transfer, assent or DJP is lodged with the evidence the registry expects, and we answer any requisition ourselves.

    HM Land Registry processing time, which varies by application type

  5. Updated register sent to you

    Once registration completes we send the updated register showing the buyer, the beneficiary or the surviving owner.

    When registration completes

When is a grant needed, and when is it not?

A grant of probate, where there is a will, or letters of administration, where there is not, proves the personal representative's authority. Banks, share registrars and HM Land Registry all require it above modest values, and a property held in the deceased's sole name almost always needs one before it can be sold or transferred.

It is not always needed. Where the whole estate passed by survivorship to a joint owner, or the assets are small enough for each institution to release them on indemnity, an estate can sometimes be wound up without a grant. Each bank sets its own threshold. Whether the home passes automatically depends on how it was owned; joint tenants or tenants in common explains the difference, and when is probate needed covers the rest of the estate.

The two grants differ in who applies and who inherits, not in what they let you do. The personal representatives apply for the grant; we do not make probate applications.

Grant of probateLetters of administration
WhenThere is a valid willNo will, or no executor willing and able to act
Who appliesThe executors named in the will, up to four together (Senior Courts Act 1981 s114(1))The nearest relatives, in the order set by the intestacy rules
Who inheritsWhoever the will saysSpouse or civil partner first, then children and wider family in a fixed order; unmarried partners take nothing
Authority once issuedThe sameThe same

What happens to the property in an estate?

Selling from the estate and assenting to a beneficiary are different routes with different consequences. A sale is handled by the personal representatives and the proceeds form part of the estate for distribution. An assent, on form AS1, puts the property into the beneficiary's own name; any later sale is theirs, and any capital gain from that point is theirs too.

A buyer can be found before the grant. Executors take their authority from the will, so they can agree a sale and exchange before the grant, but they cannot prove title to the buyer or register the transfer without it, so completion waits for it. Administrators take their authority only from the letters of administration, and until then the property vests in the Public Trustee, so they should not exchange until the grant has issued (Administration of Estates Act 1925 ss1, 2 and 9; Land Registration Rules 2003 r162, checked 26 September 2026). Either way the timescale runs from the grant, not the offer. Selling a house as an executor sets out the sequence. Where the deceased was one of two joint owners, form DJP removes them from the register and no grant is needed for the property itself.

Inheritance tax is generally due six months after the end of the month in which the death occurred, under section 226(1) of the Inheritance Tax Act 1984, often before the grant that releases the money to pay it. Many banks and building societies will pay tax directly to HMRC from the deceased's accounts under the Direct Payment Scheme, on form IHT423, and tax on a property can be paid by ten yearly instalments under section 227. Interest runs on the unpaid balance, and section 227(4) makes the unpaid tax fall due at once if the property is sold, which matters when the house is being sold. Checked 20 September 2026. We do not prepare inheritance tax accounts or give tax advice; IHT400 explained sets out what the full account covers.

Frequently asked questions

Do you apply for probate or administer estates?

No. We do not obtain grants of probate or letters of administration, administer estates or prepare inheritance tax accounts. We do the property work: the conveyancing when the personal representatives sell the house once they hold the grant, registering an assent on form AS1 so a beneficiary becomes the owner, and removing a deceased joint owner from the register on form DJP.

Can I apply for probate myself?

Yes. Personal applications are accepted and, for a small estate with a clear will, are reasonable. How to get a grant of probate explains who applies and what the application involves, and letters of administration covers the position where there is no will.

What documents do you need for the property?

For a sale or an assent, the sealed grant, the death certificate, photo ID for each personal representative and, for an assent, the beneficiary's details. For form DJP, evidence of the death and ID for the surviving owner. We obtain the title register ourselves.

Can I sell a house before probate is granted?

You can market it and agree a sale, but you cannot complete until the grant is issued. Executors can exchange before the grant, because their authority comes from the will, but they cannot prove title to the buyer or register the transfer without it; administrators have no authority until the letters of administration issue and should not exchange before then (Administration of Estates Act 1925 ss1, 2 and 9; Land Registration Rules 2003 r162, checked 26 September 2026). Telling the buyer early that a grant is awaited avoids a collapsed sale.

What if an executor refuses to act?

They can renounce entirely, or reserve power so the remaining executors act while keeping the option open. If they will neither act nor renounce, an application can be made to pass over them.

Who pays inheritance tax and when?

The estate pays. Tax is generally due six months after the end of the month in which the death occurred, under section 226(1) of the Inheritance Tax Act 1984, and where an IHT400 is needed it goes to HMRC before the probate application is made. Where the estate is an excepted estate there is no IHT400, and an unused basic nil rate band transferred from a spouse or civil partner who died first is claimed on the probate application. Otherwise the allowances, including any transferred nil rate band, are claimed on the IHT400 with its schedules. We do not prepare the account or advise on tax; IHT400 explained describes it.

What makes probate take longer?

Inheritance tax to pay, a property to sell, an executor abroad, a will with a trust in it, or missing date-of-death valuations. Probate Registry processing time is outside anyone's control. How long does probate take walks through each stage.

What is the difference between an executor and an administrator?

An executor is named in a will and takes authority from it, confirmed by the grant of probate. An administrator is appointed by the grant of letters of administration where there is no will or no executor. Once the grant issues, both are personal representatives with the same powers and duties.

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Written by the Property Law Online team

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