If you are dealing with the home of someone who has died, you may be doing it at a difficult time, often while grieving and alongside many other tasks. Selling a property as an executor follows most of the same steps as any sale, but there are extra legal duties and a few points that need care. This guide explains who can sell, when you can sell, the tax and practical points to think about and how the conveyancing works. Take it at your own pace, and ask us if anything is unclear.
Executors and administrators: who can sell the property?
The people who deal with an estate are called personal representatives. There are two kinds.
- Executors
- If the person left a will, it usually names one or more executors. They are responsible for collecting in the estate, paying debts and passing what is left to the beneficiaries.
- Administrators
- If there is no will, or no executor is able or willing to act, a close relative or other entitled person can apply to become administrator. The estate then passes under the intestacy rules rather than a will.
To sell a property, the personal representatives need a grant of representation from the Probate Registry. For executors, this is called a grant of probate. For administrators, it is called letters of administration. The grant is the official proof that you have authority to deal with the property, and a buyer’s solicitor will need to see it before the sale can go through.
Can an executor sell a house before probate?
You can put the property on the market, accept an offer and start the conveyancing before the grant arrives. But you can’t exchange contracts or complete until you have the grant. Until then, the title at HM Land Registry still shows the person who died as the owner, and you can’t show the buyer that you have the legal power to transfer it.
Starting early can save time, but be open about it. Tell your estate agent and any buyer that the grant hasn’t been issued yet. Probate timescales vary and can be hard to predict, and a buyer who is expecting to move quickly may become frustrated. A buyer who knows the position from the start is less likely to withdraw.
Don’t agree a completion date too early
Avoid committing to a fixed completion date until you have the grant in your hands. We can prepare the contract and answer the buyer’s questions in the meantime, so you are ready to exchange once the grant arrives.
Securing and insuring an empty property
As personal representative, you are responsible for looking after the property until it is sold. An empty home can be at greater risk of break-ins, leaks and damage, so it helps to act early.
- Tell the home insurer about the death as soon as you can. Many policies have conditions about empty property, and insurers often need to be told once a home has been unoccupied for a certain period. If cover lapses, the estate may be left unprotected.
- Make sure doors and windows are locked, and remove valuables and important papers.
- Visit regularly, or ask a neighbour or relative to check on the property.
- In colder months, ask a heating engineer about keeping the heating on low or draining the water system.
- Contact the utility companies and the council. Council tax exemptions may apply while an estate is being dealt with, so check with the local authority.
- If there is a mortgage, tell the lender. Interest will usually continue until the loan is repaid from the sale.
Valuing the property and inheritance tax
The property needs to be valued at its open market value at the date of death. This figure is used for inheritance tax and for the probate application, so get a proper valuation from a surveyor or experienced estate agent, not a quick estimate. HMRC can check the value.
Depending on the size and make-up of the estate, you may need to send inheritance tax forms to HMRC. In many cases, some or all of any inheritance tax due must be paid before the grant can be issued. Because the property can’t be sold until the grant is issued, this can mean finding the money from other sources first. HMRC explains the forms, the deadlines and the ways to pay on GOV.UK, including options that may apply to property.
Inheritance tax rules are detailed and depend on the circumstances of each estate. If you are not sure whether tax is due, take advice from a probate practitioner or accountant before you submit anything.
What happens if the property was jointly owned?
How a jointly owned property was held makes a big difference to what happens next.
- Joint tenants
- The share of the person who died passes automatically to the surviving owner. This is called survivorship. It does not go through the will, and the survivor can usually update the title with a death certificate.
- Tenants in common
- Each owner has a separate share. The share of the person who died passes under their will or the intestacy rules, so it forms part of the estate.
If the property was held as tenants in common and the surviving owner wants to sell, a second trustee may need to be appointed to give the buyer a valid receipt for the money. We check the title, explain how the property was held and tell you what this means for your sale.
Your duties when selling: co-executors, beneficiaries and a fair price
As a personal representative, you must act in the best interests of the estate as a whole. In practice, that means:
- getting a fair price, usually by marketing the property properly and considering advice from more than one agent
- agreeing decisions with any co-executors, as all those named on the grant will usually need to sign the contract and transfer
- keeping the beneficiaries informed about the sale, the price and the timescale
- keeping records of offers received and why you accepted the one you did
Beneficiaries don’t usually get to decide the sale, but keeping them informed avoids misunderstandings. If someone disagrees with the price or the timing, it is better to talk it through before you accept an offer than after.
Sometimes a beneficiary wants to buy the property. That is often possible, but it should be at a fair market value, supported by a valuation, so the other beneficiaries are treated fairly. If you are an executor and want to buy the property yourself, take advice first. The law is strict about executors buying from the estate, and you will usually need the informed agreement of all the beneficiaries. In some cases, rather than selling, the property can be transferred to a beneficiary who inherits it. We can explain the options. Related legal work, such as first registration of land that has never been registered, is covered on our additional services page.
Clearing the property, fixtures and contents
Before completion, the property usually needs to be cleared, unless the buyer agrees to take some items. Check the will for specific gifts and talk to the beneficiaries before anything is removed, sold or thrown away. Valuable contents may also need to be valued for inheritance tax.
You will complete a fittings and contents form saying what is included in the sale. Fixtures, such as fitted kitchens and bathroom suites, normally stay unless the contract says otherwise. Be clear and realistic about what will be left, and leave the property empty and clean on completion unless you have agreed something different with the buyer.
The conveyancing steps once you find a buyer
- Instruct us. We check the identity of each personal representative, look at the will or intestacy position and confirm the status of the grant.
- Check the title. We get the title from HM Land Registry, or the deeds if the property is unregistered, and check how the person who died owned it.
- Property information. You complete the property information forms as best you can. As an executor, you may not know the answers to everything, and that is normal. Say what you know, and don’t guess.
- Draft contract. We send the contract pack to the buyer’s solicitor. Executors usually sell with a limited title guarantee, because they can’t vouch personally for the property’s history.
- Enquiries. We answer the buyer’s solicitor’s questions, and may suggest indemnity insurance where documents are missing.
- Exchange. Once the grant has been issued and everyone is ready, the personal representatives named on the grant sign the contract, and we exchange.
- Completion. The buyer’s money arrives, we repay any mortgage and agreed costs, and we send the balance to the estate account or as you instruct.
For more on the general selling process, see our guide to selling a home, or find out how we work on our selling page.
After the sale: capital gains tax, creditors and distributing the estate
If the property sells for more than its value at the date of death, capital gains tax may be due on the increase. Certain costs can be taken into account, and the rules for personal representatives differ from those for individuals, with reporting deadlines that can be short. Check GOV.UK and take advice from an accountant before or soon after the sale. If the property sells for less than its probate value, ask your adviser whether any inheritance tax relief may be available.
Before you pass money to beneficiaries, think about debts you don’t know about. Personal representatives can place statutory notices under section 27 of the Trustee Act 1925, in The Gazette and a local newspaper, inviting creditors to come forward within at least two months. If you wait for that time to pass and then distribute the estate properly, you are generally protected from personal liability for claims you didn’t know about.
Acting properly protects you
Personal representatives who act carefully, keep records, take advice where needed and follow the proper steps are generally protected. Problems tend to arise when money is paid out too early or decisions aren’t recorded. If you are unsure about any step, ask before you act.
How we help executors sell a property
We handle the conveyancing for the sale and explain each step in plain English, at a pace that suits you. We work with your estate agent and any probate adviser, keep co-executors updated and tell you clearly what we need and when. If you would like to talk through your situation, contact us.
Common questions
You can market the property, accept an offer and start the conveyancing before the grant is issued. You can’t exchange contracts or complete the sale until you have the grant, because it is the proof that you have authority to sell. Tell your estate agent and the buyer about the position early, so their expectations are realistic.
Usually, yes. All the executors named on the grant of probate will normally need to sign the contract and the transfer. If one executor is not acting, the position depends on how the grant was issued. It is sensible to agree the asking price, the choice of agent and any offer between you, and to keep a record of decisions.
Capital gains tax may be due if the property is sold for more than its value at the date of death. The tax is on the increase, not the whole price, and some costs can be taken into account. There can be short deadlines for reporting and paying. Check the current rules on GOV.UK and take advice from an accountant.
Often, yes. The sale should be at a fair market value, supported by an independent valuation, so other beneficiaries are treated fairly. If an executor wants to buy the property, the rules are stricter and you should take advice first, as the informed agreement of all beneficiaries is usually needed. We can explain how this applies to your estate.
Yes. Tell the existing home insurer about the death as soon as possible. Many policies restrict cover once a property has been empty for a period, and insurers often need to be told. You may need specialist unoccupied property insurance. Keep the property secure and check it regularly until it is sold.
It depends on how long the grant takes, the market, the buyer and any issues with the title. The conveyancing itself is similar to any sale, but you can’t exchange until the grant is issued. Starting the legal work early, while you wait for the grant, can help avoid delays later. We can’t promise a timescale, but we will keep you updated.
What will your move cost?
This guide is general information, not legal advice for your situation. Have a question? Read our FAQs or ask us.
