Once you have the Grant of Probate, you have the legal authority to sell. Instructing an agent works much like any other sale, but the executor's duty to beneficiaries changes what "the right outcome" actually means here.
What's actually different about a probate instruction?
The mechanics are broadly the same as any property sale: the agent values the property, prepares it for marketing, lists it on the major portals, manages viewings, and handles offers. The meaningful difference is the executor's legal duty to achieve the best reasonably obtainable price for the property, not simply the fastest sale available. Offers typically need to be reported to beneficiaries as they come in, not just once a deal is done.
Why does this distinction matter so much?
An executor acts as a fiduciary, responsible for managing the estate in the interests of all beneficiaries, not just whoever is most vocal or most eager for a quick sale. Choosing an agent who genuinely understands probate sales helps here. It's also worth expecting that the property itself may need attention before marketing. Estates sometimes include homes that have sat unoccupied for a while and need basic maintenance, clearance, or utility reconnection before viewings can realistically happen.
What happens behind the scenes?
The agent carries out identity checks on the executor before listing the property, exactly as they would for any other seller under anti-money laundering regulations. They'll agree a marketing price and strategy with the executor directly. Once an offer is accepted, the sale proceeds through the standard conveyancing process, with the executor's conveyancer, sometimes the same probate solicitor, sometimes a separate firm, handling the legal transfer.
What should you actually do at this stage?
Get the Grant of Probate in hand before formally instructing the agent to sell. They can't proceed without confirmation of your legal authority. Think through whether the property needs preparation before viewings, clearing personal possessions, basic maintenance, making sure it's insured and secure while empty. Get valuations from more than one agent, and check the recommended asking price reflects genuine current market conditions rather than one agent's optimistic pitch to win the instruction. Keep beneficiaries informed of anything material, accepted offers, price reductions, or complications, as they happen rather than after the fact.
| Before instructing | Why it matters |
|---|---|
| Grant of Probate obtained | Agent needs proof of legal authority to sell |
| Property secure, insured, and presentable | Unoccupied properties often need attention first |
| More than one agent valuation | Guards against an optimistic pitch rather than a realistic price |
| Beneficiaries kept informed | Executor's fiduciary duty extends to communication, not just outcome |
Frequently asked questions
- Can I instruct an estate agent before I have the Grant of Probate?
- You can market the property, but formal instruction to sell generally waits until the Grant confirms your legal authority.
- What's different about a probate sale compared to a normal one?
- The executor's legal duty is to the best reasonably obtainable price, not the fastest sale, and offers are typically reported to beneficiaries.
- Do executors go through the same AML checks as other sellers?
- Yes, identity checks on the executor happen before listing, exactly as with any other seller.
- Should I get more than one valuation for a probate property?
- Worth doing, to confirm the asking price reflects genuine market conditions rather than one agent's optimism.
This guide is general information for executors in England and Wales, not legal advice. Executor duties and probate requirements can be complex, so confirm current detail with a qualified probate solicitor.