Can You Clear a House Before Probate? What London Executors and Landlords Can and Can't Do

Can you clear a house before probate is granted?

In short, no. Until the grant of probate is issued, an executor's job is to protect the estate, not to share it out or get rid of it. One probate firm lists the permitted steps as insuring the property, changing the locks, draining the central heating and keeping it safe. It calls them 'protective measures, not acts of administration'. Clearing the contents falls on the other side of that line. The same firm says executors must not take items for their own use, give things to family, or arrange a clearance until the grant is issued and the assets have been properly valued.

The reason is legal as much as practical. Possessions in the house belong to the estate, not to whoever happens to have a key. Family members should not treat them as theirs just because they are there. Getting rid of personal possessions without a grant counts as intermeddling, and so do running the deceased's business and paying their debts. Simple enquiries and arranging the funeral do not count.

The rest of this guide shows where that line falls in day-to-day decisions. For the full process once the grant has arrived, see our step-by-step guide to probate house clearance in London.

What can executors safely do before the grant of probate?

Plenty of useful work can happen while you wait. Several jobs can go ahead before the grant: finding the will, registering the death, identifying assets and debts, getting date-of-death valuations, securing an empty property, reviewing insurance and arranging valuations of personal possessions. Listing items, finding documents and lining up a probate valuer do not count as getting rid of or sharing out the estate. Identifying, securing and valuing an asset 'isn't necessarily the same as having authority to sell or transfer it'. Keep that distinction in mind throughout.

The rules on selling the house itself help show where the line sits. Before the grant, an executor can get a RICS valuation, instruct an estate agent, put the house on the market and accept an offer. They cannot exchange contracts unconditionally, complete, transfer title or pay out the sale money. The contents work the same way. You can prepare for a clearance before the grant, but the clearance itself waits. Preparation is still worth doing, because GOV.UK says you must value the estate before applying for probate. That valuation can take several months, or longer for large or complicated estates.

A clean online application can come back quickly. Once the registry raises a query, though, the wait can run past three months. The valuation has to come first, so the gap between the death and a lawful clearance can easily stretch to months. Use that time to get the inventory and valuations right. Mistakes here are much harder to fix after the contents have gone.

What should you not throw away, sell or give away before probate?

The simplest rule is that nothing leaves the property until it has been identified, valued and checked against the will. Before getting rid of anything, check who owns it, read the will, identify any specific gifts, get valuations, work out the tax position and keep records of anything sold. In practice, some categories need extra care.

Ordinary household goods still need a second look. GOV.UK lets you estimate the value of cheaper things such as electrical items and ordinary household goods rather than paying for a professional valuation. An estimate still has to be reasonable, though. Photograph every room before anything moves, so the figures you give can be supported if they are questioned later.

Do you need a probate valuation before a house clearance?

Yes, the valuation comes first. GOV.UK says you must value the estate before applying for probate. The house clearance waits for the grant, so the order is fixed: value, apply, receive the grant, then clear. Household goods are valued at open market value at the date of death. That means the second-hand price someone would pay, not the replacement or insurance value.

Some estates need full details sent to HMRC, for example where inheritance tax is due. In that case form IHT400 must go in within 12 months of the death and before you apply for probate. Household goods go on form IHT407, which accompanies the IHT400. You must tell HMRC about changes in value once values are final or 18 months after the death, whichever comes first. HMRC can challenge valuations. This is why clearing a house before the figures are settled is risky: once the contents have gone, you cannot get them re-valued.

Clearing a rented flat before probate: what can landlords and letting agents do?

When a tenant dies, the landlord or letting agent often wants the flat back quickly. The contents are not theirs to clear, though. The possessions belong to the deceased tenant's estate. The executor's own power to dispose of them is limited until the grant, so the executor cannot simply hand that power to the landlord earlier.

Tenancy law after a death is specialist. It covers whether the tenancy continues, how notice is served when nobody has a grant yet, and what a landlord may do with goods left behind. This guide does not cover those rules. Before removing anything, take advice from a solicitor who handles residential tenancies. In the meantime, these practical steps keep everyone's position clear.

Who can authorise a house clearance if there is no will?

If there is no will, the estate is handled by an administrator. This is usually the closest living relative, normally a spouse or civil partner. Sometimes there is a valid will but no executor willing and able to act. Then a set order of priority decides who can take out 'letters of administration with will annexed'. Residuary legatees and trustees come first, then other beneficiaries, then creditors.

The source of authority differs. An executor's authority comes from the will, and the grant of probate confirms it. An administrator is appointed by the court. Once letters of administration are issued, an administrator has the same rights and duties as an executor. If you expect to become the administrator, assume you have no authority to clear or dispose of anything until the letters are issued. Take legal advice if something genuinely cannot wait. GOV.UK sets out the full order of who can apply under the intestacy rules.

If nobody has applied yet, nobody has clear authority to order a clearance. The contents should stay where they are and the property should be kept secure. This matters most where relatives disagree. An early clearance can turn a disagreement into a claim against the person who arranged it.

How much does a house clearance cost in London, and can the estate pay?

The price depends on what needs to go and the property itself, so treat any single figure with caution. For typical London ranges, see our London house clearance prices guide. Our breakdown of what drives house clearance costs explains why bids for similar jobs can differ. If the property is in south-west London, the local pages for house clearance in Wandsworth and house clearance in Kingston cover those boroughs.

These platform figures cover every kind of job posted, from single items to larger clearances. They are not a house clearance price. The spread figure is the useful part for an executor. On jobs that received two or more bids, the highest was typically half as much again as the lowest. Comparing bids is therefore part of the executor's duty to protect the estate's value, not just a way to save money.

Other estate costs arrive around the same time. The probate application fee rose from £300 to £526 on 13 July 2026 for estates over £5,000. There is still no fee for estates of £5,000 or less (checked October 2026). Some guides online still show the old £300 figure.

How do you choose a licensed clearance firm and keep the paperwork for the estate accounts?

Once the grant is issued and the contents are valued, the clearance itself is a waste job like any other. Use a carrier licensed by the Environment Agency. Licensed carriers must issue a waste transfer note, which records what was taken and who took it. Keep it with the inventory, the valuations and the invoice. Together these show how the contents left the estate.

For the wider picture, including what a full clearance involves and how London jobs are usually priced and organised, see our main guide to house clearance in London.