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Probate Property Sale Checklist
Every step an executor in Scotland needs to work through to sell an inherited house, from registering the death to confirmation, clearing the property and completing the sale.
Built for homeowners selling in Scotland
Your probate sale checklist
Scotland uses confirmation rather than probate, and an executor cannot complete a sale until it is granted. Tick items off as you go. Your progress is saved on this device only.
First few weeks
Straight after the death · 0/5Getting confirmation
Usually the longest stage · 0/5Preparing the property
Can run alongside confirmation · 0/4Selling
Once confirmation is granted · 0/5This checklist is general guidance for executors in Scotland, not legal advice. Your solicitor deals with confirmation and the conveyancing, and we can buy the property once confirmation is in place.
Confirmation, not probate
Scotland does not use probate. The equivalent grant is confirmation, issued by the sheriff court, and it gives the executor legal authority to deal with the estate including the house.
You can market a property before confirmation is granted, but you cannot conclude missives or settle without it. That is why so many inherited sales stall halfway.
- Executor nominate: named in the will
- Executor dative: appointed by the court where there is no will
- Confirmation timescales vary, and complex estates take considerably longer
The costs that build up while an estate sits
An empty inherited house is rarely free to hold. These costs come out of the estate before anyone inherits anything.
| Cost | What to watch for |
|---|---|
| Council tax | The empty property exemption is time limited and a surcharge can follow |
| Insurance | Standard cover usually lapses after 30 days unoccupied |
| Heating and power | Needed through winter to prevent burst pipes |
| Maintenance | Gardens, gutters, damp and security while nobody is there |
| Mortgage | Interest keeps running if the loan was not covered by life cover |
Frequently asked questions
Can I sell an inherited house before confirmation is granted?
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You can market it and accept an offer in principle, but the sale cannot conclude until confirmation is in place, because until then no one has authority to transfer the title.
Do all beneficiaries need to agree to the sale?
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The executor has authority to sell, but in practice a sale runs far more smoothly when beneficiaries agree the aim and the price in advance. Get that agreement in writing early.
Do we need a Home Report for an inherited property?
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Only if it goes on the open market. A private sale directly to a cash buyer is exempt, which saves the estate the cost and the wait.
Will there be tax to pay?
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Inheritance tax is dealt with as part of confirmation. If the property later sells for more than its date of death value, the gain can be subject to capital gains tax, so keep the valuation on file.
