Selling a deceased estate involves legal authority, estate administration and tax considerations as well as the usual property-sale process. Start by identifying the executor named in the will and engaging an estate solicitor.
Confirm authority to sell
The solicitor can determine whether probate is required and what must be registered before settlement. If there is no valid will or no executor able to act, letters of administration may be required. Probate is not simply the alternative for every estate without a named executor, and court processing times should not be promised as a fixed number of weeks.
Prepare the property and records
Secure and insure the property, locate title and mortgage information, record expenses and obtain advice about debts and the rights of beneficiaries. Agree on the executor’s sale instructions and the budget for clearing, maintenance and presentation before arranging a campaign.
Tax and timing
Australia has no inheritance or estate tax. However, rental income and a later property disposal can have income-tax or CGT consequences. A deceased person’s eligible main residence may qualify for a CGT exemption if the relevant conditions are met, including a two-year disposal period in some circumstances. That period generally runs from the date of death, not the grant of probate; settlement and eligibility must be checked. Extensions may be available in qualifying cases. Renting out the property is not an automatic way to preserve an exemption.
Have the estate’s tax adviser and solicitor review the proposed sale date, occupancy history and any exemption before signing a contract.
Official sources
Identified factual guidance updated 3 October 2026.
