How long does an executor have to sell a house?
When you’re named executor, you’re juggling grief with paperwork, probate, and property decisions—sometimes from another part of the country. The good news: there is no hard legal deadline to sell the house. The practical rule of thumb is the “executor’s year” which is roughly 12 months from the date of death to wrap up the estate (including any sale), unless there’s a good reason it needs longer. This guide explains what that means in practice, what can be done before probate, how long each sales route takes, the carrying costs of waiting, and your options if you need speed or certainty.
Before we dive into the detail, here’s the short answer and the key moving parts.
- An executor is expected—not legally forced—to administer the estate within about 12 months (“executor’s year”). Complex estates can reasonably take longer.
- You can market a property before probate, but you cannot exchange or complete until the Grant of Probate (or Letters of Administration) is issued.
- Typical timelines: High-street agent 3–6 months, auction 6–10 weeks, direct cash sale 7–28 days. Market conditions and chains can extend these.
- While you wait, the estate must cover ongoing costs (insurance, council tax, utilities, interest on any loans/equity release, maintenance). These can materially erode the estate.
- If the home has equity release, lenders usually want repayment within 6–12 months of death. See our guide: Inheriting a house with equity release: what to know.
- Beneficiaries can question delay after ~12 months; executors should communicate progress and keep records to show they’re acting reasonably.
- If you need certainty, a guaranteed sale to a cash buyer can complete quickly.
The “executor’s year” explained
The executor’s year is a long-standing convention: estate administration should usually be completed within 12 months of death. It’s not a statute, but courts and beneficiaries may rely on it as a benchmark for “reasonable” progress.
If a sale is still pending after a year, executors should be able to justify the delay (e.g., slow probate, disputed title, complex renovations, chain failures, or adverse market conditions) and continue to document steps taken.
When the clock effectively starts
In practice, your timeline looks like this:
- Weeks 0–8: Register death, secure the property, collect information, value the estate (including RICS valuation if needed), complete inheritance tax (IHT) forms.
- Weeks 4–12+: Apply for probate; most straightforward grants arrive in 4–12 weeks after a complete application.
- Anytime pre-grant: Prepare the house; instruct an agent/auctioneer (or explore a direct cash sale); market the property and negotiate, subject to grant.
- Post-grant: Exchange and completion can proceed. Conveyancing typically takes 8–12 weeks, faster for cash/auction sales.
Can you sell before probate?
You can list and accept an offer before probate, but you cannot exchange contracts or complete until a grant is issued (unless the property passes to a surviving joint owner by survivorship). Being transparent with buyers (“subject to grant”) avoids false starts.
Joint ownership wrinkle
- Joint tenants: The property passes automatically to the survivor; probate isn’t needed just to sell (though you’ll still complete normal conveyancing).
- Tenants in common / sole owner: The property is part of the estate; you’ll need the grant to exchange/complete.
Typical selling routes and timelines
Each route has different time, certainty, and net-proceeds profiles. Choose based on priorities: speed, certainty, price, effort, and the property’s condition.
The real cost of waiting (and why it matters to beneficiaries)
Executors must protect estate value. Holding a property for months can quietly burn cash and reduce what’s available for distribution.
Typical monthly holding costs on a £300k empty home (illustrative only):
Six months of delay with an equity-release balance can cost £4,500+ in extra interest alone, before running costs. If you’re dealing with a lifetime mortgage, read: Inheriting a house with equity release: what to know.
Probate-friendly sales sequence (what “good” looks like)
It helps to follow a clear, documented process. This minimises challenge from beneficiaries and keeps momentum.
- Secure and assess. Change post handling, check insurance terms for unoccupied property, photograph contents, and make a basic safety/maintenance plan.
- Value the property. Get at least one independent valuation; consider an RICS valuation if IHT thresholds or equity release are in play.
- Prepare for market. Declutter, clean, handle small safety fixes; gather documents (ID, title, EPC, guarantees).
- Choose a route. Agent, auction, or cash sale—align with priorities and deadlines (equity release repayment windows, grant timing).
- Apply for probate. Submit complete forms and valuations promptly; track progress and keep all parties updated.
- Market and agree a sale (subject to grant). Be clear on timescales; ask buyers to instruct solicitors early to pre-clear enquiries.
- Exchange/complete after grant. Your conveyancer will handle funds, mortgage redemptions, and estate accounting.
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Example scenarios (timelines you can actually plan around)
1) Straightforward sale with one beneficiary
Bungalow, no equity release, tidy condition.
- Agent marketing begins in week 4 (subject to grant).
- Probate arrives week 9.
- Offer accepted week 6; exchange week 13, complete week 16.
- Total: ~4 months. Executor distributes promptly.
2) Equity release and distance selling
House with lifetime mortgage; executors live 200 miles away.
- Lender requires repayment within 12 months; compounding interest rising monthly.
- Auction chosen to lock in a date; legal pack prepared alongside probate.
- Grant arrives week 10; auction day week 11; completion week 15.
- Faster completion limits accrued interest, protecting net estate value.
3) Slow chain and rising costs
Traditional private-treaty sale agreed at month 3.
- Survey issues lead to price renegotiation and chain delays.
- By month 7, holding costs + insurance + minor roof repair exceed expected uplift.
- Executor switches to a direct cash sale; completes at month 8 with certainty.
Documents you’ll need (and when)
Sale readiness improves when paperwork is gathered early. Here’s a quick reference.
FAQs: executor deadlines and probate property sales
Is there a legal deadline to sell?
No fixed statutory deadline. The executor’s year (12 months) is the accepted yardstick. Longer is fine with good reason and clear communication.
Can I accept an offer before probate?
Yes, but make it subject to grant and set expectations about timing. You can’t exchange/complete until the grant is issued.
What if the market is slow?
You still need to act reasonably: adjust price, change route (auction/cash buyer), or improve the property’s saleability. Document your decisions.
Do I need to clear the house before probate?
You can clear sooner if that helps saleability or insurance terms, but keep an inventory and photos—and be mindful of specific bequests in the Will.
What if there’s a mortgage or equity release?
Keep payments/interest up to date to avoid arrears and compounding costs. Equity-release lenders typically want repayment within 6–12 months; plan your route accordingly and read our equity-release guide linked above.
Can beneficiaries force a sale?
Beneficiaries can apply to court if an executor is inactive or unreasonable, usually after a year. Sensible, documented steps and updates go a long way.
The executor’s decision table (choose the right route)
Habello: a faster, simpler way when time and certainty matter
If you decide the estate needs a guaranteed, low-hassle sale, we can help:
- Fair, no-obligation valuation and a clear net-proceeds breakdown.
- A firm cash offer and a completion timeline that suits the estate.
- No chains, no viewings, and no estate agent fees.
- We work with your solicitor (or introduce one) to keep things moving.
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