Can an executor sell land before probate is granted?
Not usually. Executors or administrators need the grant of representation, which is the grant of probate where there’s a will or letters of administration where there isn’t, before a sale can complete, so many wait for the grant before putting the property on the market.
That doesn’t mean waiting to think. While the application is with the probate registry, you can get a free garden plot appraisal, talk to the estate’s solicitor and the beneficiaries, and work out which route makes most sense. When the grant arrives, you’re ready to act.
Property owned as joint tenants passes automatically to the surviving owner, so the position can differ where the home was jointly owned. The estate’s solicitor will confirm who has the power to sell.
Should the estate sell a plot or the whole property?
Both can make sense. Selling the garden plot separately and then the house means two sales, more paperwork and usually more time, but it can suit an estate where the garden is clearly a building plot and beneficiaries are happy to wait. Selling everything as one is simpler and quicker to wind up.
These are the routes we can offer an estate:
- Sell the plot to us: we buy the garden plot directly, with or without planning, subject to survey, title and contract, and the house is then sold separately
- Sell the whole property as a development site: only where the house and garden together make a realistic site for new homes, for example a bungalow on a large plot that could be replaced, we may make an offer for the whole property, subject to survey, title and contract; we aren’t a general house buyer, so in most cases the house is best sold on the open market
- Sell subject to planning: a conditional contract where we normally fund the planning application, with any cost recovery agreed in heads of terms; if planning is refused, the estate keeps the land
- Option agreement: we seek planning and have the right to buy within an agreed period if it is granted, with reasonable legal fees covered up to a cap set in heads of terms
Is it worth getting planning before the estate sells?
Sometimes. Land with planning permission usually attracts more interest than land without, but getting it takes time, and an estate has beneficiaries waiting. The council needs time to decide, and surveys, design changes or an appeal can extend that.
A sale subject to planning or an option lets the estate agree terms now, with completion only if permission is granted. The cost of the application normally sits with us, and any recovery is agreed in heads of terms before signing. Executors should weigh the potential gain against the delay and the wishes of the beneficiaries.
Executors also need to be able to show the beneficiaries that any sale was sensible and fairly priced. An independent valuation, and written advice from the estate’s solicitor, help you do that whichever route you choose.
What title and legal checks matter for an estate?
Selling part of a garden is a transfer of part at HM Land Registry, so the plot gets its own title. If the property was mortgaged, the lender must agree to release the plot from its charge, or the mortgage is repaid from the proceeds. Older properties are sometimes not yet registered, and the solicitor deals with that as part of the sale.
Restrictive covenants on the title can stop or limit building. Options include indemnity insurance, agreement with whoever benefits from the covenant, or an application to the Upper Tribunal (Lands Chamber). Rights of way, boundaries and any shared drives also need checking, especially if the plot would be reached past the house.
How does tax work when an estate sells land?
Tax on a sale by an estate works differently from a homeowner selling part of their own garden. The reliefs available to someone selling part of the garden of the home they live in may not apply in the same way, and any gain is usually measured against the value the property was given when the estate was valued.
Capital Gains Tax, Inheritance Tax and any other taxes depend on the details of the estate and the timing of each sale. Take advice from the estate’s solicitor or a tax adviser before choosing between selling a plot and selling the whole property.
How do we work with executors and beneficiaries?
We start with a free, no-obligation appraisal, which you can arrange before the grant is issued. We’ll give you a written summary you can share with co-executors, beneficiaries and the estate’s solicitor, so everyone works from the same information.
We’re a new brand within the S&K Group, and we understand that dealing with an estate can be emotional as well as practical. We won’t press for a decision, and we’ll be straight with you if the garden isn’t likely to work as a building plot.
Common questions
Do I need probate before selling an inherited house with a big garden?
Usually, yes. You normally need the grant of probate, or letters of administration if there’s no will, before a sale can complete, so many executors wait for it before marketing the property. You can still get an appraisal and advice beforehand so you’re ready when the grant arrives. Jointly owned property can pass differently, so check with the estate’s solicitor.
Can we sell the garden separately from the house?
Yes, if the garden can work as a plot and the executors agree. The plot is sold by a transfer of part and gets its own title, and the house is sold separately. It usually takes longer and involves two sales, so executors should weigh the timing against the beneficiaries’ wishes and take the estate solicitor’s advice.
Will you buy the whole house and garden from the estate?
Only in some cases. We aren’t a general house buyer. Where the house and garden together make a realistic development site, for example a bungalow on a large plot that could be replaced with more homes, we may make an offer for the whole property, subject to survey, title and contract. Where only the garden is a realistic plot, we may offer for that, and the house is sold separately on the open market. A free appraisal shows which applies.
How long will a garden plot sale add to winding up an estate?
It depends on the route. Selling a plot without planning can take a similar time to an ordinary sale, plus the extra legal work for a transfer of part. Getting planning first often adds several months, more if surveys or design changes are needed. We give a realistic idea after the appraisal, so executors can plan.
Do beneficiaries have to agree to selling a plot?
Executors have the legal power to sell, but they must act in the beneficiaries’ interests, and in practice it helps to have everyone on board. Sharing a written appraisal and the solicitor’s advice usually makes that easier. Where beneficiaries disagree, the estate’s solicitor will advise on the executors’ position.