The role of an executor in administering an estate

The executors named in the will automatically become responsible for dealing with the estate. If it includes property, they must check the terms of the will to see if there are any specific instructions left to deal with it. 

If the will does not specify any instructions, the executors should proceed on their best judgment, and the property will often be sold if there are no named beneficiaries who wish to have the property transferred into their name.

Selling a property as an executor

This article will primarily focus on the role of an executor in a property sale transaction and the key points to consider throughout the process.

Selling a property as an executor will begin with applying for authority to deal with the estate through a grant of probate if the property was owned in the deceased person's sole name. 

This gives the executor legal access to all affairs to do with the property and transaction, allowing the executor to step in the role of the seller as far as they are able, signing legal documents and assisting with any enquiries raised by the purchaser's solicitors. 

How long does the probate process take?

The grant of probate can take months to be issued; therefore, it is crucial to be realistic with timescales and ensure this process is put in place as early as possible as exchange of contracts cannot occur without the probate. 

The complex nature of a probate sale means they are far more likely to take longer than a regular property sale. Therefore, it is best to be open and realistic with estate agents and all related parties to manage expectations. 

However, many buyers are attracted to these types of transactions as they are often a slightly more affordable option and being chain-free is always a positive.

Preparing a property for sale

The executor has a duty to thoroughly research the property as much as they can, obtaining a valuation on the property and ensuring it is on the market for a fair price. 

The key role of an executor is to deal with all affairs in the best interest of all executors and any beneficiaries. Therefore they must ensure they have taken great care to ensure the benefit of the estate is upheld. 

It is recommended that the executor obtains title documents from Land Registry if the property is registered or original deeds if it is unregistered to prepare as much as possible to ensure the property is in the deceased's name and to avoid any delays with unexpected information that may arise during the sale. 

As the executor is unlikely to have ever lived in the property being sold, it's expected that most information provided and replies to enquiries will be limited, but they must assist the solicitors as far as possible. 

The solicitor will thoroughly look through title entries to ensure that there aren't any restrictions or defects that need to be dealt with prior to the sale of the property, but it is recommended to gather as much information on the property before instructing a solicitor.

In order to ensure that the property is sold with vacant possession, the executor must clear the property before completion, ensuring it is completely empty for the new owners. 

The period between exchange and completion is important to consider when discussing timeframes as it is wise to leave enough time to sort through any possessions left in the property. 

All executors must sign the transfer document, and the sale proceeds will be paid into an account of all of the executors or into the estate to be distributed by all beneficiaries named in the will.

Contact our solicitors

At SO Legal, we are well-experienced with all aspects of probate sales, including obtaining the grant of probate and dealing with the property sale.

We have solicitors and licensed conveyancers in Brighton, London and East Sussex, and we work with clients across the UK.