Find your perfect home — search by area or postcode
Selling a property that forms part of an estate can feel very different from selling your own home. Executors are often managing legal requirements, practical arrangements, and emotional considerations at the same time.
This guide explains what Executors need to know when selling a property in Scotland as part of an Executry.
When can a property be sold?
In most cases, a property forming part of an estate cannot be sold or the sale completed until Confirmation has been granted and a Certificate of Confirmation for that property has been issued.
While marketing can sometimes begin earlier, buyers’ solicitors will usually require Confirmation before settlement can take place. This can affect timescales and should be factored into any sale plans.
For more detail on this stage of the process, see our guide on what Confirmation is and how it works.[Link → What Is Confirmation in Scotland?]
Who is responsible for the sale?
The Executor is legally responsible for dealing with the property.
This includes:
Where there is more than one Executor, decisions will usually need to be made jointly.
Our guide on what an Executor does in Scotland explains these responsibilities in more detail.[Link → What Does an Executor Do in Scotland?]
Practical considerations for Executors
Selling a property as an Executor often involves additional challenges, particularly where the property is:
Executors may also need to manage ongoing costs such as insurance, utilities, and council tax while the property is on the market.
Coordinating legal and property steps
Property sales during an Executry require careful coordination between legal and practical steps.
Common issues include:
Clear communication and early planning can help reduce delay and stress.
Do Executors have to manage the sale themselves?
No. Executors do not have to manage everything personally.
Many Executors choose to instruct professionals to assist with:
Support can be particularly helpful where Executors are acting from a distance or where the estate is more complex.
How Hastings Legal can help
Hastings Legal regularly supports Executors with property sales forming part of an estate.
Whether or not Hastings Legal is acting in the Executry, our legal and property teams work with Executors to:
Our experience with estate property sales allows us to support Executors through what is often a challenging stage of the process.
In some cases, yes. However, the sale cannot usually be completed until Confirmation has been granted.
Where there is more than one Executor, decisions about selling the property are usually made jointly.
Many Executors manage property sales from a distance or deal with properties that are unoccupied. Practical support with viewings, security, and ongoing management can help reduce pressure during the sale process.
It can do. The need for Confirmation and coordination with the wider Executry process can affect timescales. Clear advice and early planning can help reduce avoidable delay.
Where the property is sold as part of the estate, estate agency and legal fees are usually paid from the sale proceeds. The remaining balance is then paid into the estate for distribution.
Call Hastings Legal on 01573 226999 to discuss Selling a Property as an Executor in Scotland in more detail, or use the contact form below to arrange a no obligation conversation with one of our team.
Get in Touch
Introduction Coping with the death of someone close is without doubt a difficult time, and it is natural to feel overwhelmed. Alongside the emotional impact, there are legal responsibilities that must be dealt with after a death. This guide exp…
Learn More
In some cases, a Will exists but the Executor named in it is unable or unwilling to act. This can create uncertainty for families, particularly where it is unclear what steps should be taken next. This guide explains the most common situations and…
Learn More
