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How long does an executor have to sell a house?

There is no fixed legal deadline. What sets the real timetable is the inheritance tax due date, the capital gains position, and the year an executor is generally allowed before being pressed to distribute.

9 min read · Written by the Fairchild Oldfield team · Last reviewed: August 2026

6 months
Inheritance tax must be paid by the end of the sixth month after the person died. That deadline, rather than any rule about the house itself, is the pressure that most often decides when a property is sold.
Source: gov.uk/paying-inheritance-tax, as at August 2026, subject to change.

There is no law in England and Wales that says an executor must sell a house within a set number of weeks or months. An executor can sell the property when it is right for the estate, provided they act in the interest of the beneficiaries and do not delay without good reason.

That is the direct answer to how long an executor has to sell a house. In practice the timing is shaped by three real pressures: the inheritance tax payment deadline, the capital gains tax position on any rise in value after death, and a long-standing principle known as the executor's year. This guide explains each of them, with the current figures. Figures are current as at August 2026 and are subject to change. This is general information, not advice for any one estate.

The short answer, in one place

An executor has no statutory deadline to sell a house, but a sensible timetable is usually driven by tax and by the reasonable expectations of the beneficiaries. The main markers are set out below.

MarkerWhen it applies
Inheritance tax dueBy the end of the sixth month after the death (gov.uk, as at August 2026, subject to change).
Grant of probateUsually needed before a sale of the deceased's property can complete, so it comes first (gov.uk, as at August 2026, subject to change).
The executor's yearExecutors are generally not obliged to distribute the estate before one year has passed from the date of death (Administration of Estates Act 1925, section 44, subject to change).
Capital gains tax reportingAny capital gains tax on a sold residential property must be reported and paid within 60 days of completion (gov.uk, as at August 2026, subject to change).

Is there a legal deadline to sell?

No. Nothing in the law fixes a date by which an executor must have sold a house. An executor holds legal authority to manage and sell estate property, and part of the role is to decide, in good faith, when a sale serves the estate best. That might mean selling quickly to settle a tax bill, or holding for a period where the will gives someone a right to live in the property, or where an early sale would waste value.

What an executor cannot do is sit on a property for no reason. Executors owe a duty to the beneficiaries to administer the estate properly and within a reasonable time. Unreasonable delay that causes loss can leave an executor personally answerable to the beneficiaries. So the honest position is that there is freedom over timing, but that freedom has to be exercised responsibly. Understanding what probate involves helps set realistic expectations before a sale even starts.

The executor's year

The best-known guide to timing is the executor's year. Under the Administration of Estates Act 1925, executors are not bound to distribute the estate before the end of one year from the date of death (legislation.gov.uk, section 44, subject to change). This is a shield against being rushed rather than a target. It does not mean a house must be sold within a year, and it does not stop an executor selling much sooner where that is sensible.

Where a property is the main asset and needs to be sold before the estate can be shared out, most executors aim to have the sale under way within that first year, then account to the beneficiaries. If administration runs beyond a year for good reason, such as a complex estate or a slow market, that is not a breach in itself, though beneficiaries can reasonably ask for an explanation and, in some cases, interest on a delayed legacy.

The tax that really shapes the timetable

Two taxes, more than anything else, set the practical clock on a house sale.

Inheritance tax

Inheritance tax on an estate must be paid by the end of the sixth month after the person died, and interest is charged after that date (gov.uk, as at August 2026, subject to change). Because a grant of probate is usually not issued until at least some inheritance tax has been paid, a large tax bill can push an executor to raise money, sometimes from the house itself. The tax that relates to land and buildings can instead be paid in ten equal yearly instalments, though interest is usually charged on the outstanding balance (gov.uk, as at August 2026, subject to change). The instalment option can relieve the pressure to sell in a hurry. Our guide to how inheritance tax works sets out the thresholds and reliefs in full.

Capital gains tax

If a property rises in value between the date of death and the date it is sold, the estate can face capital gains tax on that increase. During the administration period, personal representatives are entitled to the annual exempt amount, currently £3,000, for the tax year of death and the two following tax years (gov.uk, as at August 2026, subject to change). Gains above that are taxed on residential property at 24% for personal representatives (gov.uk, as at August 2026, subject to change). Any capital gains tax due on the sale of UK residential property must be reported and paid within 60 days of completion (gov.uk, as at August 2026, subject to change). That 60-day window is a firm deadline once a sale goes through, so it is worth planning for before completion rather than after.

Key facts at a glance. No fixed legal deadline to sell. Inheritance tax due by the end of the sixth month after death; tax on land and buildings payable over ten yearly instalments, interest usually charged. The executor's year: no duty to distribute before twelve months from death. Capital gains tax on residential property sold by personal representatives at 24%, with a £3,000 annual exempt amount for the year of death and two following years, reported and paid within 60 days of completion. Probate application fee £526 for estates over £5,000, none where the estate is £5,000 or less. Sources: gov.uk/paying-inheritance-tax, gov.uk/capital-gains-tax and gov.uk/applying-for-probate/fees, as at August 2026, subject to change.

Can an executor sell before probate is granted?

An executor can usually start marketing a property and even accept an offer before the grant of probate arrives, but the sale of a home held in the deceased's sole name generally cannot complete until the grant has been issued, because the buyer needs proof of the executor's authority to transfer it (gov.uk, as at August 2026, subject to change). Where a property was jointly owned as joint tenants, it can pass to the surviving owner outside probate, which is a different route.

The probate application itself carries a fee. It is £526 where the estate is worth more than £5,000, and there is no fee where the estate is £5,000 or less. Extra copies of the grant, which are useful when dealing with several institutions at once, cost £2 each when ordered with the application, or £16 each afterwards (gov.uk, as at August 2026, subject to change). The time taken to receive a grant varies, so an executor cannot always control when a sale is able to complete.

Why a sale can take longer than expected

Even a willing executor can find a sale stretches out. Common reasons include the following.

  • Waiting for the grant of probate before the sale can complete.
  • Settling inheritance tax so that the grant can be issued.
  • A will that gives someone the right to occupy the property for a time.
  • Beneficiaries who disagree about whether to sell or keep the home.
  • Debts secured on the property that must be repaid on sale.
  • A slow market, a chain, or repairs needed before the home can be marketed well.

None of these is a failing by the executor. Keeping the beneficiaries informed in writing tends to prevent friction when a sale runs beyond the first few months. A clear well-drafted will can also reduce delay, because it removes doubt about who inherits the property and on what terms.

Can beneficiaries force an executor to sell?

Beneficiaries cannot simply order an executor to sell on demand, and the executor's year gives an executor room to administer the estate before distribution can be required. If beneficiaries believe an executor is delaying unreasonably or not acting properly, they can ask the court to intervene, and in serious cases apply to have an executor removed or replaced. That is a last resort. In most estates, a sale proceeds once probate is granted and any tax position is dealt with, and the property forms part of the wider administration of the estate.

Scotland and Northern Ireland. This guide covers England and Wales. In Scotland the process is different: the equivalent of probate is called confirmation, the person administering the estate is an executor appointed under Scots law, and succession rules include legal rights for a spouse and children. Northern Ireland has a separate but broadly similar system to England and Wales. Inheritance tax and capital gains tax are UK-wide, so the tax figures above apply across the United Kingdom, but anyone dealing with an estate in Scotland or Northern Ireland should check the local procedure.

Frequently asked questions

How long does an executor have to sell a house?

There is no fixed legal deadline in England and Wales. An executor can sell the property when it suits the estate, as long as they act reasonably and in the interest of the beneficiaries. The timing is shaped instead by the inheritance tax due date, which is the end of the sixth month after the death, and by the executor's year, which means executors are generally not obliged to distribute the estate before twelve months from the date of death (gov.uk, as at August 2026, subject to change).

Can an executor sell a house before probate is granted?

An executor can market a property and accept an offer before probate, but a sale of a home held in the deceased's sole name usually cannot complete until the grant of probate has been issued, because the buyer needs proof of the executor's authority. A property owned as joint tenants passes to the surviving owner outside probate (gov.uk, as at August 2026, subject to change).

Is there capital gains tax when an executor sells a house?

There can be, if the property rises in value between the date of death and the sale. Personal representatives get the annual exempt amount of £3,000 for the tax year of death and the two following tax years, and gains above that on residential property are taxed at 24%. The tax must be reported and paid within 60 days of completion (gov.uk, as at August 2026, subject to change).

Can inheritance tax on the house be paid in instalments?

Yes. Inheritance tax that relates to land and buildings can be paid in ten equal yearly instalments rather than in one sum, although interest is usually charged on the outstanding balance. This can ease the pressure to sell a property quickly to meet the bill (gov.uk, as at August 2026, subject to change).

How much does applying for probate cost?

The probate application fee is £526 where the estate is worth more than £5,000, and there is no fee where the estate is £5,000 or less. Extra copies of the grant cost £2 each when ordered with the application, or £16 each afterwards (gov.uk, as at August 2026, subject to change).

Can beneficiaries force an executor to sell the house?

Not on demand. The executor's year gives an executor room to administer the estate before distribution can be required, so beneficiaries cannot simply order an immediate sale. If an executor delays unreasonably or fails to act properly, beneficiaries can ask the court to intervene and, in serious cases, apply to have the executor removed, which is a last resort (Administration of Estates Act 1925, section 44, subject to change).

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at August 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider their individual circumstances.

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