Buying a Probate or Auction Property: What You Need to Know
Most property purchases follow a fairly predictable path; you find a property, make an offer, appoint a solicitor and work through the conveyancing process to completion. But some purchases come with additional layers of complexity that can catch buyers off guard if they're not prepared.
Two of the most common are probate and auction property purchases, both can often offer good value for money, but require a different approach to a standard purchase.
Buying a probate property
A probate property is one being sold as part of a deceased person's estate. Before the sale can complete, the executors of the estate must obtain a grant of probate, which is the legal document giving them authority to deal with the deceased's assets, including selling any property.
The key thing to understand about probate sales is that timelines can be unpredictable. If probate hasn't been granted yet when you make your offer, the sale legally cannot complete until it is, and delays can be significant. It's always worth asking at the outset whether probate has been granted and if not, how long it is likely to take. Depending on the complexity of the estate, the average time to receive a grant of probate in the UK in 2025 ranged from 5 to 22 weeks.
It's also worth checking that all executors have agreed to the sale. Where there are multiple executors, disagreements can complicate or delay the process. And if the property has been vacant for some time, there may be insurance implications and maintenance issues that aren't immediately visible.
Your solicitor plays a particularly important role in a probate purchase. They should be checking that the grant of probate is in place, that all executors have the legal authority to proceed, and that there are no outstanding debts against the estate that could affect the sale. For more on what your solicitor should be doing throughout the buying process, read our guide to the conveyancing process.
Buying at auction
Auction purchases work very differently to a standard sale and it's essential to understand the process before you bid.
When the hammer falls at auction, you exchange contracts immediately. You are legally bound to complete the purchase, typically within 28 days, and a deposit of around 10% is usually required on the day. There is no cooling off period and no opportunity to renegotiate, if you cannot complete, you lose your deposit and may face further financial penalties.
This means all of your due diligence must happen before you bid, not after. Before attending an auction you should have reviewed the legal pack provided by the seller, instructed a solicitor to check for any title defects, restrictive covenants or missing certificates, and ideally arranged a survey on the property (if allowed). You should also have your finance confirmed and in place, whether that's a mortgage offer or cash funds, because 28 days leaves very little room for delays. Not sure which survey to get? Read our guide to the three levels of house survey so you know what to ask for.
It's also worth being aware of auction buyer's premiums. Many auction houses charge an additional fee on top of the purchase price, which can add thousands to your total cost. Always check what fees apply before you make that bid.
Questions worth asking for both probate and auction property purchases
Whether you're buying a probate property or a property at auction, there are specific questions your solicitor should be raising on your behalf that go beyond a standard conveyancing transaction. For probate purchases these include confirming the grant of probate is in place and checking for outstanding estate debts. For auction purchases they include a thorough review of the legal pack and a clear understanding of your obligations on the day.
If you're still at the earlier stages of your purchase, our guide to making an offer on a house covers the key questions to ask before you commit.
The Home Truths Guide includes the full checklist of questions to ask your solicitor for both probate and auction purchases, alongside checklists covering every other stage of buying a home in the UK.
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