"Selling a probate property is not as straightforward as a standard house sale, as there are several factors that can cause significant delays"
- David Joyson - Homeprotect
Late last year, the government announced a change to stamp duty from 1 April 2025, with first-time buyers expected to pay it on properties over £300,000 and all other non-first-time buyers set to pay it for all primary properties over £125,000.
The looming deadline has got many rushing to purchase a home before the end of March, with Santander revealing a 130% surge in mortgage applications at the end of last year.
However, the looming Stamp Duty deadline can present opportunities and challenges for those selling a probate property. Buyers motivated to complete purchases before the deadline can maximise their savings, but sellers face the risk of a sale falling through if delays prevent transactions from completing in time.
Executors and beneficiaries must act quickly to avoid losing buyers wanting to avoid the stamp duty changes.
Why do probate properties take longer to sell?
Selling a probate property is not as straightforward as a standard house sale, as there are several factors that can cause significant delays:
Legal challenges – Before an inherited property can be sold, the executor or administrator must obtain a Grant of Probate which can take months to receive, especially if there are complications or a backlog in the probate registry. While it’s possible to put it on the market, buyers won’t be able to complete until it’s granted, and most grants can take 6-12 months.
Family disputes – If multiple beneficiaries are involved, disagreements about pricing, sale conditions or profit distribution can further stall the process. Resolving these problems can require legal mediation in some cases and cause further delays to the timeline.
Unoccupied property concerns – Some buyers can feel apprehensive about purchasing empty homes, particularly if the property has been unoccupied for long periods. In this circumstance, you can secure unoccupied home insurance to protect the property – although be aware that this kind of insurance can be limited, so it’s important to understand what you’re covered for and what you’re not. You may be able to add on certain elements, for example, cover for theft or storm if you contact your insurer directly to discuss what add-ons are possible.
How the stamp duty deadline could impact sellers
The deadline can intensify pressure on sellers and buyers may pull out of a sale if it can’t be completed in time, leaving owners back at square one.
If probate property remains unsold for a long period, it can cost the seller more in terms of maintenance, council tax and insurance, as probate properties may require probate home insurance for adequate protection. Delays could mean months of additional expenses.
If the Stamp Duty deadline is missed, buyers may expect sellers to lower the price to compensate for the lost tax savings, ultimately reducing the seller’s profit.
What steps can sellers take to avoid losing buyers before the deadline?
Given the challenges, taking proactive steps can help executors secure a sale before the deadline:
Work with experienced solicitors – A solicitor who specialises in probate sales can help streamline the legal process and identify potential obstacles ahead of time.
Protect the property with insurance – Ensure you have appropriate insurance in place whilst the property is unoccupied during the probate process - as some insurers may not cover this situation.
Consider cash buyers or probate specialists – Cash buyers are ideal to complete transactions much faster than a mortgage buyer and bypass many of the delays associated with typical house sales. Companies specialising in probate house sales can help manage the process to make it as fast as possible.
Have all documentation ready - Gathering all necessary documentation in advance of completion can help to expedite the process. This includes the grant of probate, title deeds, property information forms, energy performance certificates, inheritance tax receipts, building regulation certificates and a mortgage redemption statement.
Why getting probate homes sold faster matters
Long-term vacant properties are making housing shortages worse, as high demand for homes exceeds supply. Ensuring probate properties are sold efficiently will help to increase the number of homes available on the market.
Streamlining the probate process would help prevent unnecessary delays in home sales and reduce probate grant wait times.
