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Probate Property Sale

Landlord A to Z ยท Selling

โœ“ Written for landlords in Englandโœ“ Checked October 2026โœ“ Official sources namedโœ“ Not tax, legal or financial advice

How do executors sell an inherited rental portfolio?

A probate property sale is the sale of property owned by someone who has died. Executors can market the property straight away but normally need the grant of probate before completion. Tenancies continue after the death, and CGT is worked out on the rise in value since the probate valuation.

Read more in our guide: Selling an entire portfolio

Key probate sale rules

PointPosition
Grant of probateNeeded before the sale can complete
Inheritance TaxDue by the end of the sixth month after death; interest after that
CGT base costValue at the date of death
Executors' CGT allowanceยฃ3,000 in the tax year of death and the next two
IHT loss relief on landClaim if sold for less than probate value within 4 years
TenanciesContinue; executors step into the landlord's shoes

Before you can sell

Executors named in the will (or administrators where there is no will) apply for a grant of probate. The property can be valued and marketed while the application is processed, but most buyers will not exchange until the grant is issued. Where Inheritance Tax is due, at least part of it usually has to be paid before the grant, and tax on property can be paid by instalments over 10 years.

Running the portfolio meanwhile

Tenancies do not end on the landlord's death. Executors collect rent, keep safety certificates current, protect deposits and deal with repairs. Rent received is income of the estate and is taxed. Selling tenanted to an investor avoids having to seek possession, which since May 2026 means using a Section 8 ground and can take months.

Tax on the sale

The probate value becomes the base cost for Capital Gains Tax, so only growth after the death is taxed. Executors pay at 24% on residential gains and must report within 60 days. If the price achieved within 4 years is lower than the probate value, executors can claim to reduce the Inheritance Tax using the sale price instead.

An accurate probate valuation matters both ways: too high increases IHT, too low increases CGT later.

Sell, distribute or keep

Executors can sell and distribute cash, or transfer properties to beneficiaries, who take them at probate value. Where several beneficiaries share an estate, a single sale of the whole portfolio is often the fairest and fastest way to divide it.

Official Sources and Further Reading

General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.

Frequently Asked Questions

A probate property sale is the sale of property owned by someone who has died. Executors can market the property straight away but normally need the grant of probate before completion. Tenancies continue after the death, and CGT is worked out on the rise in value since the probate valuation.

Yes, you can agree a sale in principle, but completion needs the grant. Tell buyers the expected timescale.

Transferring property to beneficiaries under a will is not a purchase, so no Stamp Duty is normally due.

Tell the lender about the death early. Most will allow time for a sale, but interest continues to run.

Thinking About Selling Your Portfolio?

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