When a person dies owning property in the UK, the responsibility for managing, maintaining, or disposing of that property falls to the executor named in their Will. One of the most common questions that arises during estate administration is whether the executor has the authority to sell the deceased's property - and if so, under what circumstances. Selling property as part of estate administration is often necessary, whether to pay off debts, cover inheritance tax, or ensure beneficiaries receive their share. However, there are legal requirements and procedural steps that must be followed to ensure the sale is lawful and properly carried out. This article explains the executor's legal authority to sell property, the conditions under which they can do so, and the responsibilities they carry throughout the process.
An executor is a personal representative who has been named in the Will of a deceased person to deal with their estate. Once the executor obtains a Grant of Probate, they are legally authorised to act on behalf of the estate. This includes managing the deceased's property and making decisions about its sale or transfer.
The legal authority of the executor begins on the date of death, but the practical authority to sell property is only granted once probate is issued. Before this point, the executor cannot complete any sale or transfer of ownership, though they may begin preparatory steps such as obtaining valuations or instructing estate agents.
Once probate is granted, the executor has full legal control over the estate's assets, including property. If the property was owned solely by the deceased, it falls entirely under the executor's control. If it was owned jointly with someone else, the way it is dealt with depends on the type of joint ownership, which we will explore below.
To determine whether an executor can sell a property, it is essential to establish how the deceased owned the property.
Sole Ownership
If the deceased was the sole legal and beneficial owner of the property, the executor has full authority to sell it, once probate is granted. They must ensure that any outstanding mortgage is repaid and that the sale proceeds are used appropriately — for example, to settle estate debts and distribute the remainder in accordance with the Will.
Joint Tenancy
If the deceased owned the property as a joint tenant, the property automatically passes to the surviving co-owner by right of survivorship. It does not form part of the estate, and the executor has no power to sell it. In this case, the surviving co-owner becomes the sole owner by law, and the property is excluded from the estate administration process.
Tenants in Common
If the property was owned as tenants in common, the deceased's share of the property passes into their estate. The executor will then be responsible for dealing with that share. This may involve selling the entire property (with the agreement of the co-owner), or selling only the deceased's share, depending on what is permitted and practical.
Tenants in common arrangements are common in second marriages, cohabitation situations, or where individuals wish to pass their share to someone other than the surviving co-owner. These cases can be legally and emotionally complex, so legal advice is recommended.
There are several situations in which the executor may decide to sell property:
- To pay off estate debts, including inheritance tax or care home fees
- To raise funds for distribution among beneficiaries
- To deal with a property that no beneficiary wishes to retain
- To simplify the estate administration process
- To comply with the wishes expressed in the Will
In some cases, the Will may expressly instruct the executor to sell the property and divide the proceeds. In others, it may give beneficiaries the option to retain the property, either by buying it themselves or by taking it as part of their share of the inheritance.
Where the Will is silent, it is generally accepted that the executor has the discretion to sell if doing so is in the best interests of the estate and its beneficiaries.
Selling property as an executor involves more than just listing it with an estate agent. The executor must handle the sale with the same care and prudence as they would if selling their property, but with the added burden of fiduciary duty to the beneficiaries.
Key responsibilities include:
Securing the Property
The executor must ensure the property is secure after the death. This includes changing locks if necessary, maintaining the property, and arranging appropriate insurance. Properties can quickly deteriorate when left empty, so regular inspections may also be required.
Valuing the Property
A professional valuation should be obtained as early as possible, not only for probate purposes but also to guide the eventual sale. HMRC may request evidence of a fair market valuation, particularly if inheritance tax is involved.
Instructing Professionals
The executor may appoint solicitors, estate agents, or conveyancers to assist with the sale. While the executor retains ultimate responsibility, they are entitled to delegate tasks to professionals where appropriate.
Acting Impartially and Prudently
Executors must act in the best interests of all beneficiaries and cannot favour one over another. For example, if one beneficiary wishes to buy the property, the executor must ensure it is sold at a fair market value and on equal terms, or risk being challenged for conflict of interest or breach of duty.
Handling Sale Proceeds
Once the property is sold, the executor must ensure the sale proceeds are paid into the estate account. These funds may then be used to pay debts, settle taxes, and ultimately be distributed to beneficiaries as per the Will.
While the executor generally has wide powers, certain situations may impose limitations on their ability to sell property. For instance:
- If the Will contains a life interest giving someone the right to reside in the property, the executor cannot sell it until that interest has ended.
- Where a minor is entitled to inherit the property, the executor may be limited in what they can do without court approval or holding the property in trust.
- If the property is subject to a dispute among beneficiaries or if the Will is being contested, the sale may need to be delayed or suspended until matters are resolved.
In each of these cases, the executor must seek legal advice to ensure they are complying with their duties and acting within their legal authority.
Sometimes beneficiaries may disagree with the executor's decision to sell a property. These disputes can arise when beneficiaries have emotional attachments to the family home or believe the property is being undervalued.
In such cases, the executor should try to resolve the issue through clear communication and full transparency about the reasons for the sale and the proposed terms.
Where disputes persist, it may be necessary to obtain a court order or involve a professional mediator. Executors should document their decision-making process thoroughly and seek legal guidance to avoid personal liability.
An executor cannot legally sell a property before probate is granted, but they can begin preparations. This may include:
- Obtaining a valuation
- Instructing an estate agent
- Marketing the property as “subject to probate”
- Accepting an offer (without exchanging contracts)
Contracts for sale cannot be legally exchanged until the Grant of Probate is issued. Attempting to do so prematurely can result in complications or even a failed transaction.
The executor of an estate in the UK does have the legal authority to sell a deceased person's property, but this power must be exercised carefully, transparently, and in accordance with the law. Whether the sale is straightforward or complicated by family dynamics, co-ownership, or special provisions in the Will, the executor remains personally responsible for ensuring the process is fair and legally compliant.
Understanding the rules around property sales and the responsibilities of the role is essential to avoiding legal pitfalls and ensuring the estate is administered efficiently and respectfully. With the right knowledge and professional guidance, executors can navigate this process with confidence.
If you are acting as an executor and need assistance with selling property or understanding your legal responsibilities, Premier Solicitors are here to help. Our specialist probate and property teams can guide you through the process, protect your position, and ensure everything is done correctly and efficiently.
For more information, please call us on 01234 358 080 or visit our contact page to send an enquiry form.
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