Selling a House as an Executor: All You Need to Know

Executors are the individuals nominated to manage the estate of someone who has passed away. Even if you have known for some time that a loved one has named you as an executor in their will, the practicalities of selling a property while grieving can make the process feel overwhelming.

In other cases, you might not have expected to be an executor and found that you're responsible for selling the house of a relative or parent because there wasn't a valid will, and the courts have deemed that you're the most appropriate person.

To help you navigate the sale of a property following a bereavement, we’ve set out the main practical tasks to work through, with some tips on the best ways to complete the sale as efficiently as possible – especially if you’re reliant on the sale to settle an inheritance tax charge.

Managing a Property Sale as an Executor: Quick Facts

• Some estates have one executor, and others several. In the latter, all executors need to make decisions about whether to sell a home and other assets, and how to proceed.
  
• Organising a sale can be more complex if you're an executor acting on behalf of multiple other beneficiaries. Even though you may have overall responsibility, it’s important to ensure communications are good to prevent any disputes or disagreements about how a property is sold.
  
• Following the checklist below and verifying whether there are other joint owners or beneficiary claims can help you avoid unnecessary headaches.

• Firstly, what are the key points to consider?
  

Before we talk about selling the house as an executor, let’s review your aims, goals and responsibilities. Once the house is sold, the key consideration for an executor is how to properly handle and distribute the sale proceeds in line with their legal duties. The main points are:

• Settle liabilities first – the executor must ensure that any outstanding debts of the estate (including mortgages, loans, utility bills, inheritance tax, capital gains tax if applicable, and solicitor/estate agent fees) are paid from the proceeds before any distribution.
  
  

• Inheritance Tax deadline – inheritance tax (if due) must be settled within six months of the date of death. Interest and penalties can accrue if missed.
  
  

• Follow the Will (or intestacy rules) – once debts, taxes, and costs are cleared, the executor must distribute the net proceeds according to the instructions in the Will (or under intestacy if no Will exists).
  
  

• Estate accounts – full estate accounts must be prepared, showing sale price, costs, debts repaid, tax settled, and distributions. Beneficiaries should usually receive a copy.
  
  

• Keep funds separate – proceeds should be held in the executor’s account or estate account, never mixed with personal money.

In short: the executor’s key consideration is to use the sale proceeds to pay debts and taxes first, and only then distribute what remains to beneficiaries in accordance with the Will or intestacy law. Keep this in mind during the whole process. 

What Do Estate Executors Have to Do?

Firstly, you will need some legal advice and support, not least if you are grieving and have lost a loved one you were close to. However, the challenge is that executors are expected to act fairly quickly, which can be difficult if you’re struggling with a bereavement.

This is why being prepared and knowing what’s expected of you, where possible, is so important, because you won’t need to start trying to understand what probate means or your duties when you’re not in the best mindset to do so.

Here’s a look at your main responsibilities, but we’d advise that some of these steps might not apply depending on the specifics of the estate:

• Receive the death certificate, and make sure all executors named in the will are aware. If you’re the only executor, you can move ahead with applying for probate.
  
  

• Inform everybody involved that you are acting as an executor, which will include other heirs named in the will, and banks and providers who had been providing services to the deceased.
  
  

• Have the estate valued, which includes real estate, insurance products, savings accounts and investments.
  
  

• Pay any outstanding taxes or bills owed by the person who has passed away, and that are still payable.
  
  

• Distribute the remaining assets according to the will, or, if there is no will to refer to, according to intestacy rules.

A lot of the probate administration is usually managed or supported by a solicitor, and we’d recommend you seek independent help to ensure you understand what to do at each step.  

How Can I Sell a House as the Executor of the Will of a Loved One?

An executor is permitted to sell a house according to their own wishes if they are also the beneficiary. However, if there are other inheritors, they’re then required to act in the interests of all heirs and to listen to objections or requests from other beneficiaries.

Additionally, if the will includes provisions that outline specific rules or conditions for inheriting the property, these must be followed.

The typical considerations when working out when and how to sell a house are below:

• If the will contains instructions about how the deceased wants their home to be sold or who it should pass to, the executor must follow these requests.

• Where there aren’t any requirements, the executor can make a decision that doesn’t disadvantage any beneficiary unfairly. That usually means having the property valued to ensure it is sold for a reasonable price.

Otherwise, executors can choose whether to sell via a property auction or through another method. 

There are, however, potential pitfalls when selling through one of the many firms that promise cash sales, because the amount they offer is often significantly below what might be deemed a reasonable sale value, which can lead to disputes.

Most opt to sell through a property auction for speed and efficiency, ensuring that the funds from the sale are distributed quickly among the beneficiaries. This allows them to complete the sale promptly, pay any inheritance tax owed, and conclude their role as executors without delay.

How to Sell a Property by Auction as an Executor

1. Confirm Your Authority

• Make sure probate (or letters of administration if there is no Will) has been granted.

• Only once you hold this legal authority can you market and sell the property.

2. Value and Prepare the Property

• Obtain a professional valuation to guide the reserve price.

• Decide whether to carry out minor works or sell as-is (auctions often attract buyers for properties needing modernisation).

• Gather key documents such as title deeds, planning consents, and any guarantees. 

• Get a free auction valuation for your probate property here. 

3. Instruct a Solicitor

• Your solicitor will prepare the legal auction pack, including title documents, searches, EPC, and special conditions of sale.

• This pack must be ready before the auction, as prospective buyers rely on it.

4. Choose an Auction House

• Select an experienced auctioneer with strong local knowledge and good reach with cash buyers, developers, and investors.

• Agree on fees, reserve price, and marketing strategy.

5. Marketing Before the Auction

• The auctioneer will advertise the property in catalogues, online, and through their buyer network.

• Ensure the executor’s details are provided so queries can be dealt with quickly.

6. Auction Day

• The property will be offered with the reserve price agreed.you set.
  
  

• If bidding meets or exceeds the reserve, the highest bidder exchanges contracts immediately and pays a deposit (usually 10%).
  
  

7. Completion

• Completion usually takes place 20 days after the auction.

• Your solicitor handles the transfer of funds, pays off any mortgage or estate debts, and ensures the property title is updated.
  
  

8. Distribute the Proceeds

• After deducting auctioneer and legal fees, the proceeds are paid into the estate account.

• Use these funds to settle inheritance tax, debts, and then distribute according to the Will or intestacy rules.

What Are the Timeframes I Need to Meet When Selling a House as an Executor?

There is no fixed deadline or time by which you must complete the sale. Still, executors are required to act in the interests of the estate and its beneficiaries, which means that protracted setbacks are also more likely to contribute to conflicts.

In addition, inheritance tax must start being paid within six months, so if there is a tax liability, executors may be expected to move quickly to sell the home before any payment is due.

Other factors that prompt executors to choose a property auction sale include:

• Having confidence that the transaction will be completed within just a few weeks, rather than taking several months.

• Knowing that the sale is immediate, avoiding property chains or waiting for a prospective buyer to get financing in place.

• Being able to sell with the assurance that a property that might require renovation will attract interest from the diverse buyers who regularly buy real estate at auction.

Acting as an executor can feel stressful – but working with an experienced property auction team can ensure the sale is managed with professionalism and compassion.

If you've found that you have been named as an executor and need help organising a property sale, you are welcome to contact your nearest Clive Emson team if you’d like any more information.