Do You Need Probate to Sell a House?
- Probate & Estate Support Hub
- Jan 8
- 4 min read
Updated: Jan 25
This is one of the most common questions people ask after a death — often because selling the house feels urgent, and everything else feels slow and uncertain.
Sometimes the pressure comes from finances. Sometimes from family. Sometimes from estate agents asking questions no one quite knows how to answer yet.
I don’t offer legal advice, but I can help you understand when probate is usually required to sell a house, where the common exceptions sit, and why this question causes so much confusion in practice.
For more information about understanding whether you need probate, please visit Do You Need Probate?.
If you are navigating the process of probate and estate administration, and seeking clarity and reassurance, have a look at our in depth guide Probate, Done Properly.
At a glance
In many cases, yes — probate is required to sell a house
Some situations look like exceptions but still involve probate
Marketing a house and selling a house are not the same thing
Joint ownership can change the position
Clarifying this early often reduces stress and wasted effort
Why this question causes so much confusion
People often hear different answers from:
family members
estate agents
banks
online forums
That’s because the need for probate depends on how the property was owned, not just the fact that someone has died.
Two houses that look identical on paper can sit in very different probate positions.
When probate is usually required to sell a house
In many estates, probate is required before a property can be sold and legally transferred.
This is usually the case where:
the property was owned in the sole name of the person who died, or
the property was owned by the deceased as tenants in common
the executor needs formal authority to complete the sale
the house forms part of the estate being administered
In these situations, probate is what gives the executor the legal authority to deal with the property.
When probate may not be required
There are situations where probate may not be needed to deal with a property — most commonly where it was jointly owned.
For example:
where a surviving owner automatically becomes the sole owner
where the property passes outside the estate
However, these situations are often misunderstood, and assumptions here are one of the biggest causes of delay and stress later on.
Can you market or prepare a house before probate?
This is where confusion really sets in.
It’s often possible to:
obtain valuations
speak to estate agents
prepare the property for sale
before probate is granted.
But that does not mean the sale can complete before probate.
Marketing and legal authority are two different things.
Is there a valid Will?
Furthermore, if there was no will then it is the Letters of Administration (ie 'Probate') that sets out who is legally responsible for administering the Estate. As such, until this has been granted by the probate court no marketing of the property should occur.
Where there is a valid will, the executors are clearly named and therefore marketing the property is generally allowed.
A typical real-world scenario
Imagine a family who believe they don’t need probate because:
the house was jointly owned
an estate agent says they can market it
pressure builds to “just get on with it”
Later, they discover that probate is required for the wider estate, or that assumptions about ownership weren’t quite right.
At that point, frustration replaces clarity — even though the situation could have been calmer if checked earlier.
Common misconceptions
“Estate agents decide whether probate is needed.”
They don’t — they handle sales, not probate authority.
“Joint ownership always avoids probate.”
Not always. It depends on how the property was owned.
“If we can market the house, we can sell it.”
Marketing and completion are not the same.
“Probate is only about money, not property.”
Property is often the most important part of probate.
Why this matters more than people realise
Getting this wrong can lead to:
wasted time
collapsed sales
family tension
rushed decisions under pressure
Getting it right early often makes everything else feel more manageable.
What usually helps next
If you’re unsure whether probate is needed to sell a house, the most helpful next step is usually to:
confirm how the property was owned
understand whether it forms part of the estate
check whether probate is needed at all
Once that’s clear, decisions tend to feel far less stressful.
Further Reading & Useful Links
Frequently Asked Questions
Do you always need probate to sell a house?
No. Probate is often required, but not always — it depends on how the property was owned.
Does joint ownership mean probate isn’t needed?
Sometimes, but not in every case. Assumptions about joint ownership are a common source of confusion.
Can a house be sold before probate is granted?
In most cases, the sale cannot be completed until probate has been granted, even if marketing happens earlier.
Who decides whether probate is required?
This depends on the legal ownership of the property and the wider estate, not on estate agents or banks.
What’s the quickest way to check if probate is needed?
Understanding how the property was owned is usually the fastest place to start.