Straight answers · Checked 20 October 2026

Can I sell a house before probate in Victoria?

Short answer

You can usually prepare the home and even start marketing, but signing a contract and settling generally depend on probate or letters of administration being granted. The estate’s solicitor will confirm what applies.

Tax timing

There can be capital gains tax considerations, including a two-year window that can apply to a deceased person’s main residence. Ask the estate’s accountant early.

While you wait

Use the time to clear, clean and insure the property, gather keys and documents, and keep beneficiaries informed with one shared update.

Sources

HWL Ebsworth: ATO guidance on deceased estates and the main residence

Written by Luke Fornieri, Fornieri & Azar, East and South East Melbourne. General information only, not legal, tax or financial advice. Rules and rates change, so check the sources or ask us for a plan specific to your home.