During probate in the UK, property ownership depends on how the deceased held the property: if owned solely, the executor or administrator legally controls the property on behalf of the estate until probate is granted, while jointly owned property as joint tenants automatically passes to the surviving owner, but tenants in common ownership means only the deceased’s share becomes part of the estate requiring probate administration.
While comprehensive statistics on property ownership during probate are limited, the impact on UK families is substantial. Industry data suggests that approximately 600,000 deaths occur annually in the UK, with property forming part of most estates. HM Land Registry processes thousands of property transfers following deaths each year, with the standard probate process taking between 6-12 months according to government guidance. Recent improvements have reduced probate processing times, with simple applications now taking around 4-16 weeks, though complex estates can extend significantly longer, creating uncertainty for families during an already difficult period.
Table of Contents
Who Owns a Property During Probate in the UK?
The question of who owns property during probate isn’t straightforward because it depends fundamentally on how the deceased held the property during their lifetime. This distinction becomes vitally important for families trying to understand their rights and responsibilities during the probate process.
Â
Property Ownership Types and Probate Requirements
This table illustrates the different scenarios families encounter when dealing with property after someone dies. The most straightforward situation occurs with joint tenants, where surviving owners automatically inherit the deceased’s share. The most complex involves tenants in common, where the surviving owner must work with executors to handle the deceased’s share according to their will or intestacy rules.
| Ownership Type | Legal Owner During Probate | Probate Required? | Authority Needed for Sale |
|---|---|---|---|
| Sole Ownership | Executor/Administrator (on behalf of estate) | Yes | Grant of Probate or Letters of Administration |
| Joint Tenants | Surviving owner(s) automatically | No (for property transfer) | Death of Joint Proprietor form (DJP) |
| Tenants in Common | Co-owner + Executor/Administrator for deceased’s share | Yes (for deceased’s share) | Grant of Probate + co-owner consent |
| Trust Property | Trustees according to trust terms | Depends on trust structure | Varies by trust provisions |
Understanding these distinctions early in the process helps families set appropriate expectations and take the right steps to manage property effectively during what can be a lengthy probate period.
Legal Authority and Responsibilities of Executors During Probate
When someone dies leaving solely owned property, the executor named in their will (or administrator appointed by the court if there’s no will) assumes legal responsibility for managing the property on behalf of the estate. However, their authority is limited until they receive the Grant of Probate or Letters of Administration.
Before probate is granted, executors can take protective measures including:
Securing the property with appropriate locks and security measures
Arranging insurance coverage for the empty property
Conducting basic maintenance to prevent deterioration
Creating inventories of property contents without removing items
Collecting important documents needed for the probate application
However, they cannot legally sell the property or distribute its contents to beneficiaries until they receive official authority through the probate process. This creates a challenging period where families must maintain and secure property without full legal control.
Amber from Cambridge experienced this challenge when her father passed away, leaving her as executor of his estate including a Victorian terrace that had been empty for several months. “I was worried about security and maintenance costs, but didn’t know what I could legally do before probate was granted,” she explains. “The property needed ongoing attention, but I was concerned about overstepping my authority.”
After consulting with solicitors and managing the property for eight months during probate, Amber eventually contacted Property Saviour when she needed to sell inherited property quickly. We provided a guaranteed cash purchase that eliminated the uncertainty and ongoing responsibilities she’d been managing throughout the probate process. If you’re facing similar challenges as an executor dealing with property responsibilities, we understand how overwhelming these legal and practical obligations can feel, and we’re here to provide solutions tailored to your specific circumstances.
Can You Live in a House During Probate?
Whether someone can live in a property during probate depends on their relationship to the deceased, their current living arrangements, and the specific terms of the will. The legal position varies significantly based on these factors.
Under Section 12 of the Trusts of Land and Appointment of Trustees Act 1996, beneficiaries may have rights to occupy property if the trust’s purpose includes making land available for their occupation and the land is available for that use. However, executors don’t legally hold the property until they receive the Grant of Probate.
Key scenarios include:
Surviving spouse or civil partner: If the property was the matrimonial home, they typically have the strongest right to continue living there during probate
Adult children or dependants: May have occupancy rights if they were living there as carers or dependants before the death
Named beneficiaries: Might be permitted to occupy with executor consent, but this requires careful consideration of all beneficiaries’ interests
Existing tenants: Formal tenancy agreements continue during probate, with executors stepping into the landlord role
The executor must balance protecting the estate’s value with compassionate consideration of family circumstances. Any occupancy arrangements should be documented to prevent misunderstandings later.
What Happens to Joint Property When Someone Dies?
Joint property ownership creates different outcomes depending on whether the property was held as joint tenants or tenants in common. Understanding this distinction is essential for families dealing with shared property ownership.
Joint Tenants: Property automatically passes to the surviving owner(s) through the “right of survivorship.” This happens regardless of what the deceased’s will says, and probate isn’t required for the property transfer. The process involves:
Registering the death with HM Land Registry using form DJP (Death of Joint Proprietor)
Updating the title deeds to remove the deceased’s name
The surviving owner(s) gaining full ownership immediately
Tenants in Common: Each owner holds a defined share (often 50% each), and the deceased’s share becomes part of their estate. This requires:
Probate administration for the deceased’s share
Distribution according to their will or intestacy rules
Potential need for property sale if beneficiaries can’t agree on arrangements
Use of form TR1 if transferring the deceased’s share to new beneficiaries
The Land Registry title deeds indicate which type of ownership applies, often marked with specific restrictions that clarify the arrangement.
How Long Does Property Stay in Probate?
Property remains under probate administration until the Grant of Probate is obtained and the estate is fully administered, which typically takes 6-12 months but can extend much longer for complex estates.
The timeline includes several stages:
Initial probate application: Now averaging 4-16 weeks for straightforward cases
Estate administration: Collecting assets, paying debts, and preparing for distribution
Property transfer or sale: Transferring to beneficiaries or selling to third parties
Final estate distribution: Completing all beneficiary payments and closing the estate
Factors that can extend the timeline include:
Complex family circumstances or beneficiary disputes
HMRC investigations or inheritance tax complications
Property requiring significant repairs or having uncertain market value
Missing documentation or unclear ownership records
Legal challenges to the will or estate administration
During this period, property maintenance costs, insurance premiums, and potential depreciation continue to affect the estate’s value, creating pressure for efficient administration.
Practical Challenges of Managing Property During Probate
Managing property during probate creates numerous practical challenges that executors must handle while lacking full legal authority. These responsibilities often catch families unprepared for the complexity and ongoing costs involved.
Common challenges include:
Insurance requirements: Standard home insurance often doesn’t cover unoccupied properties beyond 30-60 days, requiring specialist vacant property coverage
Security concerns: Empty properties attract vandalism, theft, and potential squatters, requiring ongoing vigilance
Maintenance obligations: Properties deteriorate without regular occupation, potentially requiring expensive repairs
Utility management: Decisions about whether to maintain services or disconnect them during vacancy
Council tax liability: Empty properties may still incur council tax charges, though some discounts might apply
These ongoing responsibilities create financial and emotional burdens for executors who often live far from the property or lack experience managing real estate matters.
When Probate Property Sale Become Complicated?
Selling property during or after probate can present unique challenges that don’t affect normal property transactions. Executors must balance achieving fair market value with the practical needs of estate administration and beneficiary expectations.
Common complications include:
Properties requiring significant updating or repairs that the estate cannot afford
Disagreements among beneficiaries about whether to sell, renovate, or retain the property
Market conditions that favour either quick sales or waiting for better prices
Properties with unique characteristics that limit buyer appeal
Uncertainty about completion timelines affecting buyer confidence
Â
Traditional estate agent sales can take months or longer, especially for properties needing work or having limited market appeal. This uncertainty can create stress for executors who need to balance achieving best value with completing estate administration efficiently.
Louis from Tunbridge Wells faced exactly this situation when inheriting his grandmother’s 1930s semi-detached house that hadn’t been updated for decades. “Estate agents suggested it could take 6-12 months to sell, and that was after spending thousands on essential repairs,” he recalls. “As executor, I was caught between getting the best price for the estate and the practical reality that I couldn’t afford to maintain an empty property indefinitely.”
Louis ultimately chose Property Saviour’s guaranteed purchase service, which provided certainty and fair value without the ongoing stress and uncertainty of a traditional sale. We understand that executors often face these impossible choices between ideal outcomes and practical realities, and our service is designed to provide solutions that honour both fiduciary duties and family circumstances.
We Buy the Houses Others Won’t Touch
Look, we get it. Selling a property – especially when you need to sell inherited house from a loved one – is one of life’s most stressful experiences. You’re already dealing with enough without having to worry about whether your house will actually sell.
Estate agents will smile and promise you the earth, but here’s what they won’t tell you upfront: you’re in for months of uncertainty. Endless viewings with strangers tramping through your home, hefty commission fees that can cost you thousands, and that horrible sinking feeling when yet another buyer pulls out at the last minute. We’ve seen families torn apart by sales that dragged on for over a year, with everyone’s lives on hold.
Auctions might seem like a quick fix when you’re desperate, but they’re basically a gamble with your biggest asset. Sure, they’ll take your money whether your property sells or not – those auctioneer fees can hit 2.5% even if you get a rubbish price. And those “professional buyers” turning up? They’re not there to do you any favours. They want your property for as little as possible.
Here’s the thing – we do things differently at Property Saviour. We actually buy the properties that estate agents turn their noses up at. That house that needs work? We’ll take it. That inherited property that’s been sitting empty for months? We’re interested. The place that three different agents said was “difficult to sell”? Bring it on.
We can wrap everything up in as little as 10 days, and we mean it. No viewings, no surveys, no last-minute disasters. We’ll even throw in ÂŁ1,500 towards your legal fees because we know every penny counts when you’re dealing with property stress.
Ready to stop worrying and start moving forward? If you’re tired of the uncertainty and just want someone to give you a straight answer about your property, get in touch with us today. We’ll give you a fair, honest offer with no strings attached – and you can finally put this chapter behind you.
Sell with certainty & speed
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay ÂŁ1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.Â
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.Â
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.Â
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
