Selling a House When Someone Died Without a Will: UK Guide

By Lisa Hayes · 4 October 2026

If the owner died without a will, you can still sell their house, but nobody can complete the sale until a court-issued grant of letters of administration names who is legally in charge of the estate. The closest eligible relative applies, the rules of intestacy decide who ends up with the money, and you can market the property while the grant is pending. You just can't exchange contracts until it arrives.

I've spoken to a lot of families in this position over the years, and the same thing catches nearly all of them out: they assume the "obvious" person, the live-in partner, the eldest child, the one who did the caring, can simply sign the paperwork. They can't. The law has its own pecking order, and it doesn't care who put the bins out for the last ten years. This guide walks through that order, the process, the traps, and the quicker routes if you can't wait.

What does "dying intestate" actually mean for a house?

Dying intestate means dying without a valid will. It also covers a will that turns out to be invalid, or one that doesn't deal with everything the person owned. In every case, the house (or the deceased's share of it) falls into the estate, and the law, not the family, decides who inherits.

For England and Wales the framework is the Administration of Estates Act 1925, updated since by later legislation. Scotland and Northern Ireland have their own rules, and the position differs enough that if the person was domiciled there, you should read the relevant regional guide rather than assume this one applies. GOV.UK's own tool begins by asking where the deceased was domiciled, for exactly this reason.

The house itself is what makes intestacy painful. Cash can be split at the bank. A house is one lump of bricks that somebody has to take responsibility for, insure, heat, secure, and eventually sell or transfer. Until a grant is issued, nobody has legal authority to do any of that. Practically, someone does it anyway, but they're acting without protection.

Who inherits the house if there's no will?

The order of entitlement is fixed. Here is the simplified version for England and Wales. Citizens Advice sets out the same hierarchy, and the threshold for a spouse is currently £322,000.

Who survives the deceased	What happens to the estate
Spouse or civil partner, no children	The spouse takes everything
Spouse or civil partner and children	Spouse takes the personal belongings, the first £322,000, and half of the remainder. Children share the other half equally
Children, no spouse	Children share the whole estate equally
No spouse or children	Passes up the family tree: parents, then full siblings, then half-siblings, then grandparents, then aunts and uncles, then half-aunts and half-uncles
No living relatives in those categories	The estate passes to the Crown as bona vacantia, handled by the Treasury Solicitor, who can make discretionary grants

Two things from that table deserve underlining. First, the £322,000 is not a cap on what the spouse gets. It's the "first slice" before the remainder is split. In a small estate with children, the spouse often takes the lot. Second, the further you go down the table, the more likely you are to find a family where nobody has met for twenty years. That is where sales stall.

Do unmarried partners inherit anything?

No. Under the intestacy rules, an unmarried partner inherits nothing, however long you lived together. This is the single most heartbreaking version of the problem, and it's far more common than people think. A partner of 25 years who never married can be left with no automatic right to the house they live in, if it was in the deceased's sole name.

There is a safety valve. Under the Inheritance (Provision for Family and Dependants) Act 1975, a cohabiting partner (usually someone who lived with the deceased for at least two years before death) can apply to the court for reasonable financial provision. Claims generally have to be started within six months of the grant. It's a discretionary claim, not a right, so take legal advice early. If you're the seller and a cohabitee lives in the property, build this into your plans, because a live claim makes buyers and their solicitors nervous.

What if the house was owned jointly?

This is the exception that saves many families a lot of grief. How the property was held matters more than the lack of a will.

• Joint tenants: the survivor automatically owns the whole property. No grant is needed for the house. The survivor sends the death certificate to HM Land Registry and, in due course, sells like any other owner.
• Tenants in common: the deceased's share is part of their estate and passes under the intestacy rules. The survivor owns their own share but doesn't automatically get the other. Selling needs both the survivor and the administrator.

Married couples buying together usually hold as joint tenants. Friends, siblings and unmarried couples often hold as tenants in common, sometimes without realising. The title register will say which, and it costs a few pounds to download. Look before you assume anything.

Who has the right to sell: who can apply for letters of administration?

The person who has the right to sell is the one who gets the grant. With a will, that's an executor. Without one, GOV.UK says "the closest living relative can apply". In practice that follows the same order as the table above: surviving spouse or civil partner first, then adult children, then parents, then siblings, and on outward.

A few practical points that rarely make the headlines:

• Up to four people can be named on a grant, which can be a blessing or a curse. Four siblings all needing to sign anything is a recipe for delay.
• A person under 18 can't act as administrator. If the only beneficiaries are minors, an adult has to apply on their behalf.
• Someone lower down the list can sometimes apply if those higher up renounce their right in writing. Families who have fallen out sometimes need this.
• If a person with priority won't apply and won't step aside, there are court routes to force the issue. They are slow and expensive, and a mediated conversation first is almost always cheaper.

One thing I'd say bluntly: don't let the family decide this by who is shouting loudest. The administrator takes on real personal liability for how the estate is dealt with. Being the organised one isn't a reason to volunteer if you don't want the job. A professional administrator, usually a solicitor, is a perfectly respectable option and often calms things down.

Do I need letters of administration before I sell?

Yes, if the deceased owned the house (or a share) in their sole name or as tenants in common. GOV.UK is plain about it: you need the legal right to deal with the estate before you make decisions like selling property. Without the grant, the buyer's solicitor cannot be satisfied that you have the authority to sell, and the Land Registry will not register the transfer.

The grant for an intestacy is called letters of administration, and the paperwork is a little different from probate with a will. There's no executor named, so you prove your relationship to the deceased and, where relevant, that those with a higher claim have been dealt with. You apply online or by post, after you've valued the estate and checked whether Inheritance Tax is due.

GOV.UK also states there is a court fee for estates worth over £5,000, and no fee at or below that figure. The exact amount changes, so check the current fee on GOV.UK before you budget. Extra certified copies of the grant cost a couple of pounds each if ordered with the application, and a good deal more if you come back for them later, so order a handful up front. Banks, the Land Registry and utility companies all want one.

• £322,000spouse's first slice (England and Wales)
• 4maximum administrators on one grant
• £5,000estate value below which there's no court fee
• 6 monthsusual window for a family provision claim after grant

Can I sell a house before the grant comes through?

You can market it. You can accept an offer. You cannot exchange contracts, and you certainly can't complete. That's the line, and it's firmer than many estate agents will admit.

The reason this works at all is that the sales process has plenty of dead time. An agent takes a few weeks to find a buyer. Surveys, searches and mortgage offers take more weeks. If you apply for the grant the moment you decide to sell, the paperwork can run in parallel. By the time the buyer's solicitor wants to exchange, you may well have the grant in hand.

Where it goes wrong is when the family waits, and then lists. Then the buyer is ready and you're not. Chains don't like that, mortgage offers expire, and a buyer who has found something else won't hold on. My advice is to apply for the grant first, list second, unless the family genuinely isn't sure it wants to sell.

The full guide on selling before probate is granted covers the same mechanics for estates with a will, and almost all of it carries across.

What does the process look like, step by step?

1. Secure and insure the house. Standard buildings policies usually restrict cover for homes left empty for more than 30 or so days. Ring the insurer, tell them the owner has died, and ask what they now need. Don't skip this one. A burst pipe in January on an uninsured empty house is a very expensive lesson.
2. Get certified copies of the death certificate. Order more than you think you need.
3. Find out what the deceased owned. Check the title at HM Land Registry, any mortgage, and whether the property was held jointly.
4. Work out who is entitled to apply. Use the order above. If it isn't obvious, take advice before somebody applies in the wrong capacity.
5. Value the estate. You need a date-of-death valuation for the house. A formal written valuation from a RICS surveyor or a reputable local agent is what you want, because HMRC, and later the buyer's solicitor, will look at it.
6. Check Inheritance Tax. If tax is due, GOV.UK says the estate's value must be reported within a year on form IHT400, and payment typically starts before the grant is issued.
7. Apply for letters of administration online or by post.
8. Instruct an agent or compare cash offers while the grant is processed.
9. Exchange and complete once the grant arrives and the buyer's solicitor has seen it.
10. Pay debts, then distribute the net proceeds in the proportions the intestacy rules set out. Not before.

How is the house valued, and why does it matter?

The date-of-death value is the number that goes on the Inheritance Tax return and, importantly, becomes the starting point for any Capital Gains Tax calculation when you sell. If the house is worth £300,000 at death and sells for £320,000 a year later, the gain on which tax might arise is £20,000, not the difference from whatever the deceased paid in 1994. That's a real tax benefit, so get the probate valuation right and keep the evidence.

If you want the long version, our guide to how a house is valued for probate covers it properly. If you're simply trying to get a feel for the market before commissioning anything formal, a free house valuation is a sensible first step, with the clear understanding that it is not a substitute for the formal date-of-death figure.

What tax applies when you sell a house from an intestate estate?

Two taxes matter. Everything else is detail.

Inheritance Tax

The standard nil-rate band is £325,000, and there's an additional residence nil-rate band where the home passes to direct descendants. Both thresholds have been frozen for some time. A surviving spouse or civil partner inherits exempt from Inheritance Tax. Where the estate exceeds the allowances, tax at 40% on the excess is due, and HMRC expects some of it before the grant. If you're anywhere near the threshold, speak to a solicitor or tax adviser early. Our guide to the Inheritance Tax threshold sets out the allowances in detail.

Capital Gains Tax

When the administrator sells, any gain above the probate value can be taxable. Personal representatives have their own allowance and rates, which differ from those of an individual. Gains on UK residential property by personal representatives generally need to be reported to HMRC within 60 days of completion where tax is due. Check HMRC's current guidance on personal representatives before you complete, because the rates and exemption have moved in recent Budgets.

The practical advice is the same either way: sell sooner rather than later if the market is flat or falling. A house left to drift for two years with a rising probate value gap to chase is how small CGT bills grow.

Which route should you take: estate agent, auction or cash buyer?

This is the comparative question, and the honest answer is that it depends on three things: how quickly you need to sell, how much you care about squeezing the last pound, and what condition the house is in.

Route	Typical speed	Price	Best for
Estate agent, open market	Slowest. Months, and dependent on the grant	Usually the highest	Houses in good order, families with no time pressure
Auction	Fast once listed (a set completion date, commonly 28 days)	Variable, with reserve risk	Properties needing work, or where there's a spread of buyers' interest
Cash buyer or house-buying company	Fastest, with a completion date you largely control	Below market value	Probate sales, empty homes bleeding costs, families who want it finished

Auction needs a grant in place before the sale is marketed in most cases, since the contract is binding on the fall of the hammer. That alone rules it out for many families who haven't started the paperwork. Our auction guide covers the mechanics.

On cash buyers: I'll be straight. A discount to market value is the price of speed and certainty, and you should expect it. Companies vary hugely in how honest their opening offers are, so compare several. We've written up how to compare house-buying companies and what to look for with cash house buyers. If the estate is heading for a sale at a discount anyway, say because the house needs serious work, the gap between open market and cash can shrink, but never assume it will.

What if the family can't agree?

This is the scenario I see most, and it is rarely about the house. Three siblings inherit equally. One wants to sell, one wants to keep it, and one lives in it. Nobody wants to be the villain.

Be clear about the legal position. Once the grant is issued, the administrator has a duty to the estate as a whole, and that normally means getting in the assets and distributing them. There is no right for one beneficiary to live in the house for free indefinitely. If the administrator and beneficiaries can't agree, any beneficiary can ask the court for directions. It's the nuclear option, and I'd only recommend it after a formal mediation has failed.

Where the house goes into a trust of land for several people, the situation changes slightly. Our article on whether siblings can force a sale goes through the court's approach in more detail, and there is a wider overview in the inherited property section.

A buy-out is the sane compromise: one sibling keeps the house and pays the others their shares, which usually needs a mortgage or remortgage on the house. Get it valued independently and put it in writing.

What if the house has a mortgage, or debts?

Debts come out first. Mortgages, loans, credit cards, funeral costs and tax bills are paid from the estate before any beneficiary sees a penny. If the house has a mortgage, tell the lender as soon as possible. Most will freeze charges or work with you if they hear early. Silence is what escalates things.

If the debts exceed the value of the estate, the estate is insolvent, and administrators should take advice before distributing anything. Beneficiaries aren't personally liable for the deceased's debts in the normal way, but an administrator who pays out too early can be. If you're worried, our guide on selling a house in negative equity will help, and if the lender has already started repossession proceedings, read how to stop repossession straight away.

What if the house is empty for months?

Then it costs you every week. Buildings insurance conditions, council tax (many councils charge an exemption for an unoccupied home of someone who has died, but only for a limited period after the grant, and it varies by council, so ask), utilities, heating in winter to protect pipes, garden upkeep and security all add up. Our full guide to the cost of selling an empty house lists them.

Families underestimate this badly. Twelve months of holding costs can easily outweigh the extra you hoped to win by waiting, which is one of the strongest arguments for a quicker route over holding out for a higher asking price.

Common mistakes I see families make

Starting to clear the house before anyone has authority. Giving away or selling contents of value without the grant can cause disputes later. Keep a list, take photos, and agree things in writing.

Assuming the eldest child, or the carer, is in charge. They aren't unless the law says so. Take the entitlement order seriously.

Not telling the insurer. The most expensive silence in the whole process.

Listing before applying for the grant. Covered above. It turns a manageable wait into a collapsed sale.

Ignoring a cohabiting partner. Even if you don't think they have a claim, an unresolved one will surface in the buyer's solicitor's enquiries. Deal with it openly.

Taking the first cash offer. Speed is worth paying for, but not unlimited amounts. Compare several and treat any offer that comes with a deadline of a few hours with suspicion.

Distributing the money too soon. Wait until debts and tax are settled. Paying out early is what exposes administrators personally.

What if there's no family at all?

Then the estate passes to the Crown as bona vacantia. The Treasury Solicitor deals with it, and, as Citizens Advice notes, can make discretionary grants to people with a moral claim, such as a long-term carer who isn't a legal heir. If you find yourself dealing with a house like that, such as a neighbour or friend who has been asked to help, contact the Treasury Solicitor's office rather than touching the property. Quite often the first thing you can do usefully is secure it and tell them.

Is it ever worth making a will now so your family doesn't face this?

Yes, and I'd say that to anybody reading this who owns a house. A straightforward will costs a tiny fraction of the stress, delay and sometimes legal costs of an intestacy. It lets you name the executor, choose who inherits, protect an unmarried partner, and in many cases save tax. It's the single cheapest piece of property planning most people never do.

Which of the related situations is yours?

A no-will death rarely comes alone. Depending on the home, you may also be dealing with a tenanted property (the tenancy carries on after death), a house that is hard to sell because of its condition or legal title, or a flat that raises its own issues, in which case see selling a flat fast. A couple of the guides above also cover the jargon if the paperwork is unfamiliar.

A realistic timeline

Nobody can promise you a date for the grant, and anyone who does is guessing. The application itself is quick if the facts are clean. Delays arise when the family tree is unclear, when someone challenges the application, when Inheritance Tax is due and needs sorting first, or when the Probate Registry is busy. Plan on weeks at the very least, and months where there's any complication.

A sensible plan is to start the application as soon as you've decided to sell, instruct an agent or invite cash offers within the same fortnight, and tell every buyer plainly about the grant. That way, the grant and the buyer's readiness arrive roughly together, and the sale hasn't been sitting idle.

Where to go from here

If you're staring at a house you didn't expect to be responsible for, take it one step at a time. Secure it, find out how it was owned, work out who has the right to apply, and then decide how quickly you actually need to sell. When you're ready to see what a quick sale would look like, you can compare offers from vetted buyers through our free valuation service. There's no obligation, and you'll see the real numbers before you commit to anything. You'll also find more on the options in our sell your house fast guide.

This guide is general information for England and Wales, not legal or tax advice. Intestacy rules, tax thresholds and court fees change, and Scotland and Northern Ireland differ. Speak to a solicitor or tax adviser about your own situation.