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When someone dies, months can pass before the grant of probate arrives, and executors are often surprised to learn that the estate's personal belongings need not always wait. Where there is a valid will, the executors' authority comes from the will itself and takes effect from the date of death, which means the chattels, the furniture, jewellery, pictures and other personal effects, can usually be sold before the grant is issued. This guide explains when that is possible, what should happen first, and how a sale at auction works in practice.
Executors named in a will derive their powers from the will, not from the court. The grant of probate confirms that authority to third parties, banks, the Land Registry, share registrars, but it does not create it. That is why institutions holding the deceased's money insist on seeing the grant before releasing anything, and why the family home cannot be sold without it, while personal possessions can generally be dealt with sooner.
The position is different where there is no will. On intestacy, administrators take their authority from the grant of letters of administration itself, so nothing should be sold until that grant is issued. If you are unsure which situation applies, the estate's solicitor can confirm the position quickly.
Before any item leaves the property, the estate's contents should be professionally valued. Inheritance tax is assessed on the open market value of the estate's assets at the date of death, the standard set by Section 160 of the Inheritance Tax Act 1984, and HMRC expects a properly prepared valuation to support the figures submitted. A written probate valuation protects the executors, establishes a clear record for the beneficiaries, and identifies the items whose value justifies individual attention at auction rather than disposal with the general contents.
Meeting immediate costs. Funeral expenses, insurance premiums and the running costs of an empty property all fall due long before the grant arrives. Realising some of the estate's contents can meet these obligations without executors funding them personally.
Practical pressures. Where a property is to be cleared and sold, its contents must go somewhere. Selling the items of value at auction, rather than paying to store or insure them indefinitely, is often the most sensible course.
Orderly administration. Auctions run to a calendar. Consigning early means valuable items reach the right specialist sale rather than whichever sale happens to fall after the grant, and converting chattels to money can simplify division among beneficiaries.
Whatever the reason, executors should act together and keep beneficiaries informed. A short written record of what was sold, where and for how much avoids questions later.
Jewellery, watches, silver, pictures and antiques are the natural candidates. They are the most valuable portable items in most estates, the easiest to value precisely, and the categories where a specialist auction achieves the strongest result. Vehicles and general household contents are also commonly dealt with before the grant. Land, property and shareholdings must wait for the grant itself.
The process is straightforward. The items are valued and a written estimate agreed, the seller's commission and any charges are confirmed in writing before anything proceeds, and the items are then catalogued, photographed and marketed to the specialist buyers for each category. Reserves are agreed on the more valuable lots so nothing sells below an agreed minimum. After the sale, the proceeds are paid to the estate with a full statement for the executors' records, which in turn provides clear evidence of value for the estate accounts.
Aubreys provides HMRC-compliant probate valuations across Surrey and Guildford and London, with fixed written fees agreed before any work begins, and a full probate and estates service from valuation through to sale. If you are an executor and would like to talk anything through, our probate team will be glad to help.
