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:
- deciding whether and when the property should be sold
- instructing estate agents
- accepting an offer
- ensuring the legal requirements are met
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:
- empty and requires maintenance or security
- tenanted
- located some distance from where the Executor lives
- a family home with emotional significance
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:
- managing buyer expectations around timescales
- ensuring Confirmation is in place before settlement
- dealing with queries from buyers’ solicitors
- coordinating the sale with other estate administration matters
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:
- marketing and selling the property
- managing viewings and enquiries
- coordinating the sale alongside legal requirements
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:
- advise on timing and legal requirements
- manage the sale of estate property
- coordinate legal and practical steps to reduce delay
Our experience with estate property sales allows us to support Executors through what is often a challenging stage of the process.
