Selling Property as an Executor of an Estate

Acting as executor of an estate is a significant legal responsibility. When the estate includes property, those responsibilities become considerably more involved — you must navigate probate, inheritance tax, valuations, and the interests of beneficiaries, all while managing the practical realities of an empty property. Mistakes can expose you to personal liability, so understanding your duties before you act is essential.

This guide covers the full process of selling a property as an executor in England and Wales, from the moment of death through to distributing the sale proceeds. For a broader overview of selling inherited property, see our guide on selling a house you inherited, and for the probate-specific steps, our detailed guide on selling a house after probate.

What is an executor and what are your legal duties?

An executor is a person named in a will to administer the estate of the deceased. If there is no will — or if the named executor cannot or will not act — the court appoints an administrator, who applies for letters of administration rather than a grant of probate. Both roles carry essentially the same legal obligations, and this guide applies equally to both.

The overarching legal framework for executors in England and Wales is the Administration of Estates Act 1925, which sets out how estates are to be administered and how property is to be dealt with. Key duties include:

• Gathering and protecting all assets of the estate from the date of death
• Paying the deceased's debts, taxes, and the costs of administration before distributing anything to beneficiaries
• Filing the inheritance tax return with HMRC and paying any IHT due
• Applying for the grant of probate and obtaining the legal authority to deal with estate assets
• Selling estate property at the best price reasonably achievable
• Distributing the net estate to the beneficiaries in accordance with the will or the intestacy rules

Fiduciary duty: the most important concept

An executor is a fiduciary. This means you are legally obliged to act in the best interests of the beneficiaries at all times, not in your own interests. When selling property, this duty has direct practical consequences:

• You must obtain the best price reasonably achievable — selling below market value without proper justification is a breach of duty
• You must not let the property to a connected party at a discount, or sell it to yourself without the fully informed consent of all beneficiaries at open market value
• You must keep detailed records of every decision and the reasoning behind it — these records are your defence if a beneficiary later challenges your conduct
• You must not unreasonably delay the sale in a way that causes the estate to incur unnecessary costs (such as extended insurance, council tax, and maintenance on an empty property)

If a beneficiary believes you have acted in breach of your fiduciary duty, they can bring a claim against you personally in the courts. Your liability is not capped at the estate's value; you can be sued from your own assets for any shortfall you have caused. This is why professional advice and comprehensive documentation matter so much.

Step 1: Immediate actions after death

From the moment of death, the executor is responsible for the property. There is no grace period, and delays in securing the property or arranging insurance can expose you to liability if something goes wrong.

Secure the property

• Visit the property as soon as possible to assess its condition
• Change the locks if keys are unaccounted for — this is a standard precaution, not an overreaction
• Check that windows and doors are secure, and that there are no immediate maintenance issues such as a leaking roof or burst pipe
• Redirect post if necessary to avoid sensitive documents accumulating visibly

Arrange unoccupied property insurance

Standard home insurance policies typically become void or significantly restricted if a property is unoccupied for more than 30 to 45 days. You must notify the existing insurer immediately and either obtain an extension for unoccupied properties or arrange specialist unoccupied property insurance. Costs vary but typically range from £300 to £800 per year depending on the property's value, age, and construction type. Failing to arrange appropriate cover and then suffering a loss — fire, flood, or vandalism — could leave the estate — and you personally — uninsured and exposed.

Notify utility providers and the local authority

• Contact gas, electricity, and water providers to transfer accounts to the estate and continue paying standing charges
• Notify the local authority of the death to claim the council tax Class F exemption (up to six months after death in most cases)
• Keep the heating set to a low background level, especially in winter, to prevent burst pipes

Step 2: Obtaining the probate valuation

Before you can apply for probate, you must value all the assets of the estate, including any property. The property valuation is used for two purposes:

1. As the value declared to HMRC for inheritance tax purposes on the IHT return (form IHT400 or IHT205/IHT217 for smaller estates)
2. As the base cost (acquisition cost) for capital gains tax purposes if the property is later sold above that value

Because the same valuation serves both functions, getting it right is critical. An undervaluation reduces IHT but increases the CGT gain when you sell. An overvaluation has the opposite effect. HMRC can challenge probate valuations up to four years after the IHT return is submitted (or longer if fraud or deliberate error is suspected).

How to get a probate valuation

You have two main options for obtaining a probate valuation:

For most estates, two or three estate agent valuations are sufficient. For properties worth over £500,000, or where the estate is close to an IHT threshold and the valuation is therefore commercially significant, a formal RICS Red Book valuation is strongly recommended. The RICS valuation is based on the open market value at the date of death and is the most defensible evidence you can provide to HMRC.

For more detail on capital gains tax as it applies to inherited property, including how the base cost is calculated, see our guide on capital gains tax on inherited property.

Step 3: Inheritance tax and the grant of probate

The Probate Registry will not issue the grant of probate until the inheritance tax position has been resolved with HMRC. This creates a practical challenge: you cannot access the estate's full assets until you have the grant, but you may need to pay IHT before you can get the grant.

Current IHT thresholds (2025/26)

Estates below these thresholds typically submit a simplified IHT return (IHT205 or IHT217) and no tax is payable. Estates above the threshold file form IHT400 and pay IHT at 40% on the excess (or 36% if at least 10% of the net estate is left to charity).

Paying IHT before the grant

For IHT on property specifically, executors can elect to pay by instalments over ten years rather than as a lump sum. However, the first instalment must be paid before the Probate Registry will issue the grant. This requirement is one of the most common causes of delay in estate administration.

To fund this initial payment before the grant is issued, executors commonly use the Direct Payment Scheme, which allows banks and building societies to transfer funds directly from the deceased's accounts to HMRC before probate. Not all financial institutions participate, so check with the bank early. The IHT instalment option ceases if the property is sold — at that point, the full outstanding IHT balance becomes due immediately from the sale proceeds.

Step 4: Can you sell before probate is granted?

The short answer is: you can market the property before probate is granted, but you cannot complete the sale. Exchange of contracts and completion both require the grant of probate to have been issued.

Many experienced executors — and the solicitors who advise them — recommend starting the marketing process as soon as the property is ready, even while the probate application is in progress. This approach has two advantages:

• It runs the marketing period (typically four to twelve weeks) in parallel with the probate wait, compressing the overall timeline
• It reduces the period the property sits empty, cutting ongoing costs such as insurance, council tax (after the Class F exemption expires), and utility standing charges

If you accept an offer before the grant arrives, you must inform the buyer and their solicitor that exchange cannot happen until probate is granted. Most buyers in the inherited property market understand and accept this — though some may withdraw if the wait extends significantly. See our guide on selling after bereavement for practical guidance on managing buyers' expectations during a difficult period.

Assent vs direct executor sale

Once probate is granted, there are two routes to completing the sale:

Selling directly from the estate is usually simpler and faster. There is no additional Land Registry fee for the assent step, and the executor retains control over the process. For most straightforward inherited property sales, this is the recommended approach.

Step 5: Marketing and selling the property

Once the property is prepared and the probate application is in progress, you can instruct an estate agent and begin marketing. As executor, you have both the authority and the responsibility to manage this process in the best interests of all beneficiaries.

Choosing an estate agent

Your fiduciary duty requires you to approach the marketing process properly. Best practice is to:

• Obtain valuations and fee proposals from at least two or three local agents with experience in the area and property type
• Choose on the basis of likely sale price, marketing reach, and fee — not solely on lowest commission
• Ensure the property is listed on the major portals (Rightmove, Zoopla) with professional photographs and an accurate description
• Document your selection process — if a beneficiary later questions why you chose a particular agent, your records are your defence

Accepting an offer

When you receive offers, you must evaluate them objectively against the probate valuation and market evidence. Accepting an offer significantly below the asking price or the RICS valuation without a clear, documented reason — such as a surveyor's report identifying structural defects, a prolonged period on the market, or beneficiaries' agreement — risks a breach of fiduciary duty claim.

You do not need the beneficiaries' consent to accept an offer, but it is strongly advisable to keep them informed and to obtain written agreement where any decision might be questioned later. See our guide on documents needed to sell a house for a full list of what your conveyancer will need to handle the sale.

Step 6: Conveyancing as an executor

The conveyancing process for an executor-led sale broadly follows the same steps as a standard sale, but with some additional requirements. You will need a solicitor experienced in probate property sales, and they will need sight of the grant of probate before exchange.

Documents your solicitor will need

• The grant of probate or letters of administration (certified copy)
• The death certificate (certified copy)
• The will (if there is one) — your solicitor will need this to confirm your authority and to verify beneficiaries' entitlements
• The HM Land Registry title register (your solicitor will obtain this directly)
• The probate valuation (RICS report or estate agent valuations)
• The completed TA6 Property Information Form and TA10 Fittings and Contents Form
• A valid Energy Performance Certificate (EPC)
• Evidence of the IHT position (IHT400 clearance certificate, or confirmation that the estate is below the reporting threshold)

For a detailed breakdown of what the conveyancing process involves and how long each stage takes, see our guide on how long conveyancing takes.

What happens at completion

On completion, the sale proceeds are paid to the estate — not to you personally as executor. The funds are held in the estate's account (or by the solicitor as stakeholder) until all debts, taxes, and administration costs have been settled. Only then can you distribute the balance to the beneficiaries in accordance with the will or the intestacy rules. If IHT was being paid by instalments, the outstanding balance becomes due from the sale proceeds at this point.

Capital gains tax when the executor sells

When an executor sells a property during the administration of an estate, any gain between the probate valuation (base cost) and the sale price may be subject to capital gains tax. The estate has its own CGT annual exempt amount for the first three tax years of administration — equal to the individual exempt amount of £3,000 for 2025/26 — after which no CGT exemption applies. From the fourth tax year onwards, the full gain is taxable with no annual exemption.

Allowable deductions when calculating the gain include:

• The probate valuation (the base cost)
• Solicitor and conveyancer fees for the sale (and for obtaining probate, if incurred specifically in connection with the property)
• Estate agent commission
• The cost of any capital improvements made to the property since the date of death

CGT on UK residential property must be reported and paid within 60 days of completion using HMRC's Capital Gains Tax on UK Property online service. Missing this deadline results in automatic penalties and interest on the unpaid tax. For a full breakdown of the rates and reliefs available, see our guide on capital gains tax on inherited property.

Dealing with multiple executors and beneficiary disputes

Where two or more executors are appointed, they must act unanimously on major decisions, including the sale of property, the choice of estate agent, and which offer to accept. If executors cannot agree, any one of them can apply to the court for directions, but this is slow and expensive and should be a last resort.

When beneficiaries object

Beneficiaries do not have the right to veto an executor's decision to sell — but they do have the right to challenge the executor's conduct if they believe the sale was at undervalue, was conducted negligently, or involved a conflict of interest. Common grounds for beneficiary objection include:

• Selling below the probate valuation or below comparable sale prices without adequate justification
• Using an estate agent with a connection to the executor or a beneficiary
• Accepting a lower offer while a higher offer was on the table
• Allowing the property to deteriorate in value through neglect before selling

The best protection against beneficiary disputes is transparency and documentation. Keep all beneficiaries reasonably informed of progress, record the valuations and offers you receive, and document the reasons for every significant decision. If there is any real risk of a serious dispute, apply to the court for directions before acting — a court order authorising your conduct is a complete defence to a later claim.

Costs: what the executor pays from the estate

The costs of administering the estate and selling the property are proper charges on the estate and are paid before the net proceeds are distributed to beneficiaries. Common costs include:

Timeline: death to sale completion as executor

The most effective way to compress this timeline is to run the marketing period in parallel with the probate application, so that a buyer is already lined up when the grant arrives. For the conveyancing side, see our guide on conveyancing costs for a detailed view of what solicitors charge and what is included in a typical sale.

Sources

• Administration of Estates Act 1925 — legislation.gov.uk
• GOV.UK — Apply for probate (HM Courts & Tribunals Service)
• HMRC — Inheritance Tax: thresholds, rates, and allowances (GOV.UK)
• HMRC — Pay Inheritance Tax in instalments (GOV.UK)
• HMRC — Direct Payment Scheme for Inheritance Tax (GOV.UK)
• HMRC — Capital Gains Tax on UK property: report and pay within 60 days (GOV.UK)
• HM Land Registry — Form AS1: Assent of whole of registered title (GOV.UK)
• The Law Society — Executor responsibilities: a guide for practitioners (lawsociety.org.uk)
• Trusts of Land and Appointment of Trustees Act 1996 — legislation.gov.uk
• Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 — legislation.gov.uk

Frequently asked questions