Can You Sell a House Before Probate Is Granted?

When a loved one passes away, one of the first questions families often ask is:

“Can we sell the house before probate is granted?”

The short answer is yes, you can usually enter into a contract of sale before probate is granted—but you generally cannot complete settlement until probate has been obtained.

Here’s what that means in practice.

What is Probate?

Probate is the legal process where the Supreme Court confirms that a deceased person’s Will is valid and formally appoints the executor to administer the estate.

Once probate has been granted, the executor has the legal authority to deal with estate assets, including transferring or selling real estate that was owned solely by the deceased.

Can the Property Be Listed for Sale?

In most cases, yes.

There is generally nothing preventing an executor from engaging a real estate agent, marketing the property and accepting offers while the probate application is being prepared.

Many estates choose to do this because obtaining probate can take several weeks, and marketing the property during that time can reduce the overall administration period.

Can You Sign a Contract Before Probate?

Again, yes.

An executor can usually enter into a Contract of Sale before probate has been granted, provided they are acting in their capacity as the executor named in the Will.

However, the contract should be drafted carefully. It is common practice for settlement to occur after probate has been granted, allowing sufficient time for the executor to obtain the legal authority necessary to complete the sale.

Can Settlement Occur Before Probate?

Generally, no.

Settlement cannot usually occur until the executor has legal authority to transfer the property. If the property was owned solely by the deceased, that authority is generally established by the grant of probate.

Without probate, the purchaser cannot receive legal title to the property.

What If There Is No Will?

If the deceased did not leave a valid Will, the process is slightly different.

Instead of applying for probate, the appropriate person must usually apply for Letters of Administration. The same practical principle generally applies—the property may often be marketed before the grant is issued, but settlement will usually need to wait until the Court has appointed the administrator.

Planning Ahead Can Avoid Delays

Selling estate property often involves more than simply obtaining probate. Executors may also need to:

• confirm ownership of the property;

• locate the Certificate of Title (where applicable);

• arrange insurance and maintenance;

• obtain valuations if required; and

• ensure the contract is prepared correctly to reflect the estate’s circumstances.

Obtaining legal advice early can help avoid unnecessary delays and ensure the sale proceeds smoothly.

Need Advice About Selling Estate Property?

Every estate is different. Factors such as how the property is owned, whether there is a valid Will, and the circumstances of the beneficiaries can all affect the process.

If you have been appointed as an executor and are considering selling estate property, obtaining legal advice early can help ensure the estate is administered efficiently and in accordance with Victorian law.

At Kenney Legal, we regularly assist executors with probate applications, estate administration and the sale or transfer of estate property throughout Victoria. If you would like advice about your situation, please contact our office for an obligation-free discussion.