A house clearance after a death should only go ahead once the right person has confirmed instructions. Usually that is the executor named in the will, or the closest relative acting as administrator if there is no will. This guide explains who that is, what a grant of probate actually confirms, and what to do if it has not come through yet. It is general information, not legal advice.
The short version
- If there is a will, the named executor(s) normally have authority.
- If there is no will, the closest relative can apply to become the administrator.
- A clearance can be planned before probate is granted, but contents are usually only removed once the person with authority confirms instructions in writing.
- Up to 4 people can be given power of attorney to act on an administrator's behalf, using form PA12.
Executor or administrator: what is the difference
| Situation | Who has authority | Type of grant |
|---|---|---|
| There is a will, naming executors | The named executor or executors | Grant of probate |
| There is a will, but no executor can act | Whoever is entitled to apply instead | Letters of administration with will annexed |
| There is no will | The closest living relative (usually spouse or civil partner, then adult children) | Letters of administration |
Whichever applies, this person or people become the personal representative of the estate, with legal responsibility for its money, property and possessions from the date of death until everything has been passed on.
What a grant of probate actually confirms
A grant of probate (or letters of administration) is the court’s confirmation that a named person has the legal authority to deal with the estate — including instructing work like a house clearance, selling the property, or closing accounts. Before that grant, the personal representative’s authority is not yet formally confirmed by the court, even though they may already be acting informally.
Can a property be cleared before probate is granted?
In practice, yes, planning can start straight away: a survey, a quotation, and agreeing what is being kept. What should wait for confirmed authority is the physical removal of contents, because:
- The estate’s assets are the responsibility of the personal representative, and removing contents without their clear instruction risks disputes later.
- Items later found to have value form part of the estate’s valuation for Inheritance Tax purposes, so a record of what was in the property, and its condition, is worth having before anything is cleared.
A sensible approach is to agree the scope and get things ready, then confirm the clearance date once the person with authority — or the family, acting informally with everyone’s agreement while probate is pending — is ready to instruct the work.
More than one executor or family member
Where there is more than one executor, or several family members with an interest in the estate, it is worth agreeing between yourselves who is instructing the clearance and confirming that in writing, even informally by email. This avoids a clearance company being caught between conflicting instructions, and avoids disputes about decisions made on the day.
If an administrator cannot act personally, up to four people can be given power of attorney to apply for probate and administer the estate on their behalf, using form PA12.
What a clearance company should ask for
A clearance company handling a bereavement or probate job should be asking, gently, for:
- Confirmation of who is instructing the work, and their relationship to the deceased or the estate
- Whether a grant of probate has been obtained, or is still pending
- What is being kept, and by whom, before the day
- Any items already identified as potentially valuable
This is not bureaucracy for its own sake — it protects the family from later disagreements and protects the clearance company from acting without proper authority.
Frequently asked questions
Can a clearance go ahead while probate is still pending?
Planning and quoting can happen at any time. Physically clearing the contents normally waits until the person with authority — the named executor, or the administrator if there is no will — confirms instructions, even if the formal grant has not yet come through.
What if the family disagrees about who should authorise the clearance?
This is worth resolving before the clearance company is instructed. Where there is more than one executor or several interested family members, agreeing who is giving instructions in writing avoids later disputes.
Does everything need to be valued before it is cleared?
Not everything, but anything of possible value is worth a quick opinion first, since the estate's contents form part of its value for Inheritance Tax purposes.
Can someone else act on the executor's behalf?
Yes. An administrator can appoint up to four people to hold power of attorney and act on their behalf using form PA12, though this is a formal legal step, not an informal arrangement.
Is this legal advice?
No. This guide explains the general position to help you ask the right questions. For advice on your specific situation, a solicitor or the gov.uk probate guidance is the right next step.
Key takeaways
- The named executor (with a will) or the closest relative as administrator (without one) normally has authority.
- A grant of probate is the court's formal confirmation of that authority.
- Clearance work can be planned early, but contents are usually only removed once authority is confirmed.
- Agree who is instructing the work in writing when more than one person is involved.
For the clearance itself, see bereavement and probate house clearance, or request a quote once you are ready to plan the work.