How to sell a house you inherited

Selling a house you inherited is not normally an easy task. It involves legal authority, tax, paperwork, and a set of decisions that can materially affect the final amount you keep. The process is also different depending on whether the property is in England and Wales, Scotland, or Northern Ireland, and whether the estate is still being administered. This page focuses on the full journey, from first steps after the death through to completion when selling a property in Scotland.

Key takeaway:

Is it easy to sell a house you inherited?

Selling an inherited property is not often a quick and easy process. Selling an inherited house often involves probate (confirmation) delays, legal paperwork, tax considerations, and can sometimes lead to disagreements between heirs, all of which can slow or complicate the sale.

Confirm who has the legal right to sell

Before you can sell, you must be legally entitled to deal with the property. If there is a will, the executors named in it are responsible for administering the estate. If there is no will, an administrator is appointed under intestacy rules. In both situations, the people managing the estate usually need formal authority. In Scotland this is called Confirmation.

You can’t complete a sale without a Grant of Confirmation because the buyer’s solicitor and any mortgage lender will want to see it. Some estates do accept offers before the grant is issued, but buyers may not proceed to exchange until the grant is in place, so doing so can add uncertainty.

If the house was owned as joint tenants and the co-owner is still alive, the property usually passes automatically to the surviving owner, outside the will. In that scenario, the survivor often becomes the sole legal owner and can sell after updating the title and providing the death certificate. If the ownership was tenants in common, the deceased’s share passes under the will or intestacy and the probate route applies.

Is an inherited property sold by the estate or the beneficiaries?

The executors must first decide whether the property should be sold while it is still part of the estate, or whether it should be first transferred to the beneficiaries and sold afterwards. This decision affects how the estate is managed, how quickly money can be distributed, and the tax position.

Both options can work, but the choice affects how the estate is administered, how long the process takes, and the tax position.

Selling the property during the administration of the estate is often simpler. There is a single, coordinated sale and the proceeds are paid into the estate account before being distributed.

Transferring the property to the beneficiaries first can be more appropriate where beneficiaries want different outcomes. For example, one beneficiary may wish to keep the property and buy out the others, or a beneficiary may plan to live in the property.

A solicitor can advise on which option is most practical based on the terms of the will and the specific circumstances of the estate.

Value the property

Getting a property valuation is important for two reasons.

First, it is used to assess inheritance tax where relevant. Second, it becomes the “base cost” for future capital gains tax calculations. The value you will need is the open market value at the date of death.

For many estates, a sensible approach is:

• Get at least one written market appraisal from an estate agent.
• Consider a RICS surveyor valuation for more complex properties, high values, or where beneficiaries might disagree.
• Keep the evidence, including the valuation date and assumptions.

If HMRC later queries the value, it will be useful to be able to show how you arrived at the property value.  You can apply for a free property valuation here.

Do inherited properties come with inheritance tax and other estate liabilities?

Not every estate pays inheritance tax, but you should understand the position early because it can affect what you can do with the property and when.

Inheritance tax may be due depending on the overall value of the estate, available allowances, and whether any reliefs apply. Even when no tax is due, you still need to submit the right forms as part of the probate process.

Also check:

• Whether the property has an outstanding mortgage and how it will be redeemed.
• Whether there are unsecured debts that must be settled before distribution.
• Whether the will includes specific instructions about the property.

If the estate has insufficient cash to pay liabilities, selling the property may be necessary to raise funds.

Do you need to insure an inherited property?

Insurers treat empty inherited homes differently from occupied homes. If the property is unoccupied, standard cover may be invalid or restricted. Speak to the insurer promptly and ensure the policy reflects reality.

Practical steps to reduce risk and preserve value include:

• Secure doors and windows, and consider upgrading locks.
• Arrange regular visits, especially in winter.
• Keep heating at a safe level to prevent burst pipes, or drain systems if appropriate.
• Maintain the garden, as neglect can signal vacancy and reduce kerb appeal.
• Redirect post to the executor’s address and stop deliveries.

These steps can prevent expensive problems and can help keep the sale on track.

Decide whether to sell as is or improve the property

Many inherited homes need clearing, updating, or both. The key is to decide what adds value versus what adds delay.

Often, the highest return improvements are:

• Deep clean and declutter.
• Basic repairs including leaking taps, broken fittings, damaged plaster.
• Fresh, neutral paint if the interior is very dated or marked.
• Tidying the garden and frontage.

Be cautious about big refurbishments unless you have strong local evidence that it increases sale price more than it costs. Extensive works can introduce planning issues, building regulations, contractor delays, and disagreements between beneficiaries.

If you are clearing the house, consider:

• Photographing valuables and keeping a simple inventory.
• Using a house clearance firm for speed.
• Checking for documents, jewellery, and sentimental items before anything is removed.
• Disposing of hazardous items properly, such as old paints or chemicals.

What paperwork do you need to sell an inherited property?

Conveyancing delays often come from missing documents. Start assembling these early:

• The death certificate.
• The grant (probate or equivalent) once issued.
• Title information, including whether the property is registered.
• Details of any mortgages, secured loans, or restrictions on the title.
• Planning permissions and building regulations completion certificates for extensions, conversions, windows, or structural works.
• Guarantees, for example damp proofing, roofing works, or window installations.
• Energy Performance Certificate, which is required to market a property.

Leasehold properties are rare in Scotland but If the property is leasehold, add:

• The lease, service charge statements, ground rent details, and the managing agent’s contact information.
• Any planned major works and associated costs.

How do you sell an inherited property?

The usual options are estate agent, online agent, auction, or private sale.

• Traditional estate agent: Good for most properties, especially if presentation and local marketing matter.
• Online agent: Lower upfront cost in some cases, but marketing quality and support vary widely. Check what is included.
• Auction: Useful for unmortgageable properties, very short timelines, or where there is strong investor demand. Auctions can be quick, but you need a legal pack prepared and you accept the risk of a lower price if bidding is weak.
• Private sale: Can save fees, but you must handle viewings, negotiation, and compliance yourself, and you still need solicitors.
• Quick sale: Click to read more:

In practice, most inherited property sales go through a reputable local agent unless there is a specific reason to choose auction.

Do you need to pay capital gains tax on an inherited property?

Inheritance itself is not subject to capital gains tax, but selling can create a gain. Read about capital gains tax in Scotland.

The gain is typically calculated as:

Sale proceeds
minus the property’s value at the date of death
minus allowable selling costs (such as estate agent and legal fees)
minus certain improvement costs (capital improvements)

If the executors sell during administration, the estate may be liable to capital gains tax. If the property is transferred to beneficiaries and they sell later, the beneficiaries may be liable.

Two practical points:

• If the sale happens soon after death and the sale price is close to the probate value, the gain may be small.
• If the market rises or you refurbish and sell later for more, the gain can increase.

Because tax rules and allowances can change and depend on individual circumstances, it is sensible to take advice from an accountant or tax adviser if there is any meaningful gain or multiple beneficiaries.

Go through the sales process

Once you accept an offer, the conveyancing process begins. Things that often slow that process down include:

• Probate not yet granted.
• Missing paperwork for alterations.
• Boundary disputes or unclear title issues.
• The property being unoccupied and failing lender requirements if condition is poor.

To reduce delays:

• Instruct a solicitor early, ideally when you first decide to sell.
• Tell the agent and buyer upfront if you are waiting for probate.
• Be transparent about what you do and do not know, especially if you have not lived in the property.
• Complete the property information forms carefully. Executors often answer “not known” where appropriate, which can be acceptable.

Distribute proceeds of the sale

If the executors sell, the sale proceeds go into the estate account and are used to pay estate liabilities and expenses first. Only then are distributions made to beneficiaries according to the will or intestacy rules. Keep clear records, including invoices for costs and a statement showing how the net figure was calculated.

If multiple beneficiaries are involved, clear communication can reduce the potential for conflict. A simple written update at key milestones, such as valuation completed, property listed, offer accepted, exchange, completion, can prevent any possible misunderstandings.

Sell an inherited property

If you are looking to sell your property quickly we can provide you with a free valuation and an offer to buy.