There is no time limit for how long an executor has to sell a house. However, they will have to follow a set process before listing the home for sale.
Depending on circumstances and potential delays, probate can take up to a year to complete. The house can be listed but not sold during this time. It is highly recommended that you seek professional legal advice during the process.
When a person dies, they usually name an executor to handle and distribute their estate. If one is not named, someone will be appointed.
Property may be among the assets left in the will and what is done with the property will be down to the deceased’s wishes. Very often it is left to their family who may choose to sell the home.
Below we look at how long it takes for an executor to sell a home in the UK, the legal requirements, and the sale process.
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What is an Executor?
The role of the executor is to apply for probate and once it has been granted, distribute the deceased person’s assets to the beneficiaries of the will. In the event a will is not left, a personal representative is named and this individual acts as executor.
When property is left, if those named in the will do not wish to live in or rent out the home, it can be sold by the named executor.
What is a Probate Sale?
When someone dies and leaves a property which is then sold, it is called a probate sale.
However, many ask the question, can you sell a house before probate? Although the inherited home can be put on the market, in most cases the sale cannot be completed before probate is granted. The estate agent and any potential buyers must be made aware that the property is under probate.
Consulting with an estate agent or independent valuer is recommended to get an accurate valuation of your property. Fill out our valuation comparison form to compare quotes from RICS-regulated companies and save up to 70% on valuation costs.
Read more on an overview of probate costs to learn more.
How Long Should It Take an Executor to Sell a House?
Due to the nature of probate, it is unlikely to be a quick sale. The probate timeline itself can take 9-12 months on average. Once it is complete, the process of selling a house can begin. According to Zoopla, selling a home takes around 25 weeks. This will vary depending on the complexity of the sale and probate sales can take longer.
Read more on how long does probate take?
Below we look at the key steps when an executor sells a house:
Value the estate
Once the death has been registered and the funeral has taken place, valuation of the estate can begin. A property valuation usually takes a day to complete, with the report ready within a week on average.
The deceased’s estate will need to be valued for Inheritance Tax and Capital Gains Tax purposes. This includes a RICS Valuation of any property. An estate agent valuation will not be enough.
A RICS-registered professional will inspect the home and conduct market research. This allows them to provide an unbiased and accurate valuation. In addition to tax, the valuation will also be useful when listing the property for sale.
Pay inheritance tax
Completing the forms for inheritance tax could take around a day, however, you will also need to factor in the time for it to be processed by HMRC. The amount of time this takes can vary.
If any inheritance tax is due on the property (and the rest of the estate) it will need to be paid. The executor of the will must complete an IHT form. Normally this must be completed and paid before probate can be issued. Funds from the estate are used to pay any inheritance tax due to HMRC.
For more information on inheriting property see: Inheriting a House from Your Parents in the UK.
Application for grant of representation
According to the government website, you should receive the grant of representation within 16 weeks of applying.
There are two types of grant of representation. Grant of probate confirms the executor of the will has the authority to deal with the deceased's assets. If the person did not leave a will, a grant of letters of administration will apply. This works in the same way as a grant of probate, giving a named person legal authority to deal with the estate of the deceased.
Factors that can delay grant of representation include:
- The required documents are not submitted correctly
- If the will is contested
- If there are issues paying any tax due
Listing the property
The property can be listed at any point but the sale cannot be finalised until the probate process is complete. An estate agent can have the property listed within weeks or even days. It will depend on when they can take pictures and measurements of the home for the listing.
You will need to have an up-to-date EPC before listing the home. If you do not have one or it has expired, you’ll need to pay for one from an accredited assessor. Prices vary but it will usually cost between £60 - £120. Arranging for an EPC will add extra time to the selling process.
Conveyancing process
You will need to instruct a conveyancer once you have accepted an offer on the home. This is usually the most time-consuming aspect of a house sale.
There is no set time that conveyancing will take as it depends on the circumstances of the sale. On average, it can take 12-16 weeks from the point of accepting an offer to competition day.
Factors that can delay the process can include:
- Delays in obtaining information from the local council
- Issues found in the survey
- A break in the property chain
- Buyer pulls out
- Issue with buyer’s funds or mortgage
- Any documents incorrectly completed or not sent promptly
- Lack of communication from your conveyancer
At Compare My Move, we can match you with up to 6 verified conveyancers in your local area. Not only can they guide you through the process, but they can also give you expert advice regarding your inherited property.
By comparing quotes between conveyancing professionals on our network, you could save up to 70% on your costs.
House clearance
A house clearance can usually be completed within a day, depending on the amount of possessions.
Before the new owner can complete the purchase and move in, the property will need to be clear of personal belongings. Once the assets in the will have been distributed, everything else can either be kept, donated or disposed of.
One of the best ways to do this is via a house clearance company. Many companies will recycle what they can, limiting what goes to landfill. If your items are donated,they can raise money for charity and ensure the item is reused. This is one of the best ways to deal with unwanted items from the deceased person's property.
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Reasons for Executor Delaying the Sale of Property
A probate sale can only be completed once probate has been granted. Therefore any delays in the probate process will delay the sale of the property.
Any legal challenge to the will is called contentious probate. When a challenge is made, it is known as entering a caveat. This lasts 6 months and can be extended for an additional 6 months. The caveat stops all applications for probate from being granted during that time.
Some of the more common reasons for contentious probate or delays in the process include:
Disputes among beneficiaries or the will is contested
During probate, disputes can arise between beneficiaries of the will. Usually, this will be over the contents of the deceased’s will and distribution of the estate.
There may be cases where the will is contested. This can be on the ground that fraud or forgery has taken place. It can also be contested if there is reason to believe undue influence or duress was placed upon the deceased to make or change the will.
The will may also be contested if it is ambiguous and unclear or if the will fails to meet the required formalities. An example of this is if it was not signed and witnessed correctly or it was not in writing at all. It may also be the case if it was believed the deceased was not of sound mind when the will was created or amended.
Disagreements surrounding the property’s valuation
Selling the property lower will mean less inheritance for beneficiaries. If the home is valued less than the beneficiaries expect, they may want a second opinion from another valuation. This will add to the time it takes to sell the home.
If the executor renounces their position
If the executor renounces their position they are essentially resigning from the job of executor. Their appointment as the executor will be cancelled once they sign the Deed on Renunciation. They will then need to be replaced. This is usually by another beneficiary named in the will.
This process can take time, delaying both probate and the sale of property.
Delays with grant of representation
Delays can happen with the grant of representation. Without this, probate cannot be granted. According to Today’s Wills and Probate, there has been a 65% rise in year-long probate cases. These delays are very often out of the hands of the executor once they have applied for a grant.
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What to do if an Executor is Taking Too Long to Sell a House
If you are the beneficiary of a will and feel the executor is delaying the sale of the property, there are steps you can take. Before taking action, it is worth talking with the executor to find out the reason for the delay. Keep in mind that probate can be a lengthy process and the sale can only be completed once probate is granted.
If delays still occur, you could do one of the following:
Request regular communication
Firstly, request that the executor sends emails or letters keeping you up to date with the process. Once probate is granted, the most time-consuming aspect of the sale is conveyancing. Request that they update you at every point of the process.
Issue a citation
If talking to the executor does not speed up the process, your next option is to issue a citation at the Probate Registry. This is a written note from the registrar requiring the executor to do something - like obtaining a grant of representation. This ultimately forces the executor to take action.
Be aware that this can only be used during the probate process and not during the sale of the home.
Request they be removed as executors
If you have reason to believe or evidence that the process is not being handled correctly, you can take steps to have them removed as executor.
This can be done using a court process, by issueing a claim, or by making an application to the Probate Registry. This should be utilised as a last resort. Be aware that it can be expensive and will cause further delays in the process.
Finding a Conveyancer
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All companies must pass our strict verification process to join our partner network. Part of the process requires conveyancers to be regulated by one of the following:
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Chartered Institute of Legal Executives (CILEX)