How long does an executor have to sell a house? There is no fixed legal deadline in England and Wales. An executor sells when it suits the estate, but two financial clocks, Inheritance Tax and capital gains, usually decide the timetable long before the informal 12-month "executor's year" runs out.
Is there a legal deadline for an executor to sell a house?
No single law sets a date by which an executor must sell a house. Executors must administer the estate properly and without unreasonable delay, but choose the timing of a sale from the estate's needs, the market, and the will.
The often-quoted figure is the "executor's year." Under the Administration of Estates Act 1925, beneficiaries cannot compel executors to distribute the estate before one year has passed from the date of death (legislation.gov.uk, Administration of Estates Act 1925, as at August 2026, subject to change). That is a shield for the executor, not a deadline to sell the house. Overrunning it is not an automatic breach where there is good reason; unexplained delay is what invites a challenge.
Can an executor sell the house before probate is granted?
An executor can market a property and agree a sale before the grant of probate, but cannot legally complete until the grant is issued, because the buyer's solicitor needs it for title. The grant usually takes about 8 to 16 weeks after a complete application (gov.uk, applying for probate, as at August 2026, subject to change). The order of work is:
- Value the property first. Obtain a date-of-death open market valuation, ideally from an RICS surveyor, as it drives both any Inheritance Tax and the later capital gains position. See our probate property valuation guide.
- Market and agree a sale. You can instruct an agent and accept an offer while probate is pending, telling the buyer the sale is subject to the grant so timescales are understood.
- Apply for the grant. Report any Inheritance Tax, then apply online through MyHMCTS or by post. The application fee is £526 where the estate is over £5,000 (gov.uk, probate fees, as at August 2026, subject to change).
- Exchange and complete after the grant. Once it arrives, contracts can exchange and the sale completes. Keep the empty property insured throughout, as many policies lapse after 30 days unoccupied.
Overall, selling a probate house commonly runs six to eighteen months from death to completion, most of it conveyancing, not a legal waiting period. Our guide on whether you can sell a house before probate is granted covers this in more detail.
The two clocks that really set your timetable
Two financial clocks, not the executor's year, usually set an executor's real timetable for selling a house. Inheritance Tax on a taxable estate is due by the end of the sixth month after death, and interest runs on anything unpaid after that. Separately, any gain between the date-of-death value and the sale price can trigger capital gains tax, reported within 60 days of completion.
| What people think sets the deadline | What actually sets it |
|---|---|
| The "executor's year", so sell within 12 months | The year governs distributing the estate, not the sale; a well-explained overrun is usually fine |
| Probate must be granted before you can act | You can market and agree a sale before the grant; you only need it to complete |
| There is no rush if no one is chasing | Inheritance Tax is due by the end of the sixth month after death, and interest runs on late amounts |
| Selling for more than the probate value is simply good news | The gain since the date-of-death value can trigger capital gains tax, reportable within 60 days |
The Inheritance Tax clock. Tax on a house can be spread over up to 10 annual instalments, but selling it brings the balance due straight away (gov.uk, pay your Inheritance Tax bill, as at August 2026, subject to change). This, not the executor's year, is why many executors want the sale moving early.
The two clocks can pull in opposite directions: a higher probate valuation reduces later capital gains but can raise Inheritance Tax where the estate is taxable. Our inheritance tax guide explains how the £325,000 nil-rate band and up to £175,000 residence band combine, giving many couples up to £1,000,000 before 40% tax applies (gov.uk, Inheritance Tax, as at August 2026, subject to change).
Can beneficiaries force an executor to sell, or block a sale?
Beneficiaries cannot usually dictate the timing of a sale, but they can act where an executor delays without good reason or handles it improperly. An executor with a valid grant can sell without every beneficiary agreeing, unless the will says otherwise, but must get a proper price. One who believes the executor is stalling, undervaluing, or self-dealing can apply to the court, and in serious cases ask for the executor to be removed.
Distributing too early carries its own risk: a claim under the Inheritance (Provision for Family and Dependants) Act 1975 can be brought within six months of the grant, and an executor who has paid everything out may have to make it good. Because an executor can be personally liable, a dated, evidenced valuation is the best protection.