By Sarah Macklin 
Probate is the legal process of dealing with someone’s estate after they pass away. If that estate includes a house, it’s often referred to as a probate property. These are homes left behind by the deceased, which can’t be sold or transferred until probate has been granted.
For many families, this is uncharted territory. Between council tax rules, inheritance tax questions, and worries about how long it all takes, it’s no wonder there are so many misconceptions surrounding probate properties.
To help clear things up, Heath Alexander-Bew, speaking on behalf of probate house insurance experts at Alan Boswell Group, shares some of the most common myths about probate, and the truth behind them.
Myth 1: “I have to pay council tax on the property”
It’s easy to get council tax rules mixed up, especially when it comes to empty homes. Probate properties are classed as empty properties, not second homes.
On second homes, yes, you’ll need to pay council tax.
On probate properties, you won’t have to pay council tax until after probate is granted. Even then, you may be able to claim a six-month exemption if the property is still unoccupied and remains in the deceased person’s name.
Myth 2: “There’s an inheritance tax on probate properties”
Not necessarily. Properties can pass to a husband, wife, or civil partner without any inheritance tax at all. Children and grandchildren also benefit from a £500,000 tax-free threshold.
Inheritance tax only becomes a concern on very high-value estates. For context, as of June 2025 the average UK house price was £269,000, well below the £2 million level where higher thresholds apply. For most families, inheritance tax won’t come into play.
Myth 3: “Investors are exempt from stamp duty on probate properties”
There is a stamp duty exemption for investors in some cases, but it’s not a blanket rule. In order to avoid paying stamp duty, investors must tick three boxes:
- The purchase must be through their property trade business
- The home must have been the deceased person’s main residence for the last two years of their life
- The property must not exceed 0.5 hectares.
If one of these things doesn’t apply, stamp duty still needs to be paid.
Myth 4: “I shouldn’t put the property straight on the market”
Many people assume they need to wait before listing a probate property, but that’s not the case. You can put it on the market as soon as you’re ready.
However, you won’t be able to complete a house sale until probate has been granted, because that’s what confirms the value of the estate.
Delays usually come from things like waiting on paperwork, inheritance tax issues, or the complexity of the estate. Interestingly, around one in ten properties currently on the UK market are going through probate.
Myth 5: “Probate always takes years”
Probate has a reputation for dragging on, but it doesn’t always take years.
Yes, disputes, large estates, and inheritance tax can cause delays, but the government’s digital process has made things much faster. These days, if you’ve got the paperwork in order and taxes paid, probate can be granted in less than a week.
Here’s what the average probate timeline looks like:
- Registering the death and funeral arrangements: 1–3 weeks
- Estate valuation: 2–8 weeks
- HMRC inheritance tax reference: 1–4 weeks
- Probate application (online or by post): 1 day
- Grant of probate: 1–15 weeks
- Estate distribution: 1–12 months
Myth 6: “Do I even need to sort out my will?”
Absolutely. Having a will is about protecting your loved ones from stress, delays and disputes after you’ve gone, not just about deciding who gets what.
Without a will, your estate is distributed under intestacy rules, which may not reflect your wishes. A will gives peace of mind, keeps things clear, and helps streamline probate when the time comes.
As Heath Alexander-Bew explains:
“There are many major misconceptions about probate, especially about how long it takes, what assets are subject to the process, and whether it’s a public procedure. The reality is that the cost of probate is dependent on the size and complexity of the estate; some assets will bypass probate, and it’s not a completely public process like people assume.
Probate can be straightforward with the right resources and legal support. It’s extremely important to seek legal support as an executor if you are unsure about any property details, as you could become personally liable for mistakes made in the process.”
Probate doesn’t have to be as daunting as people think. With the right advice, a little preparation, and, most importantly, a clear will, the process can be much smoother than the myths suggest.
