An executor is the person or institution named in a deceased person’s will who is responsible for managing and settling the decedent’s estate. In real estate contexts that means identifying, protecting, valuing, managing, and — when appropriate — selling or transferring the decedent’s real property while following the will and state probate rules.
An executor can collect, maintain, and, subject to the will and court or statutory rules, sell or transfer estate real estate to pay debts and distribute proceeds to beneficiaries.
Commonly a spouse, adult child, close relative, trusted friend, or a professional fiduciary/trust company is named executor. People choose someone they trust and who can handle paperwork, deadlines, and sometimes difficult family dynamics.
An executor is named by a will; an administrator (or administratrix) is appointed by the court when there’s no valid will. Both manage estate property, but an administrator follows state intestacy rules rather than the decedent’s instructions.
A trustee controls assets held in a trust outside probate and can usually transfer trust real estate without probate court involvement. An executor handles probate assets — property owned solely by the decedent that must pass through probate to be distributed.
A person with a power of attorney or a guardian acts while the owner is alive (if incapacitated) and loses authority at death. The executor’s powers begin after death and are subject to probate oversight.
Beneficiaries are often named as executors. That dual role is common and generally allowed, but the executor must act as a fiduciary for all beneficiaries and avoid conflicts of interest (for example, self-dealing without disclosure and court approval).
Once appointed, an executor secures and inventories real property, arranges insurance, pays for necessary repairs and utilities, and takes steps to prevent vandalism or loss. This protects estate value during probate.
Executors can sell estate property to pay debts and distribute proceeds, but state law and the will may limit sales. Some sales require explicit court approval — especially where real estate is the primary asset, beneficiaries object, or statutes require it.
An executor signs deeds, payoff statements, and lease agreements on behalf of the estate, typically after obtaining legal authority from the probate court (often via letters testamentary).
Executors use estate funds to pay mortgages, property taxes, utilities, HOA dues, and necessary upkeep. They must prioritize secured debts and tax obligations under state law before distributing net proceeds to beneficiaries.
Many states have small-estate procedures or simplified probate that let executors or successors sell property without full probate if estate value is under a statutory threshold. Some statutes also allow short affidavits or summary administration to clear title.
After filing the will, the clerk or judge issues letters testamentary (or letters of administration) that formally authorize the executor to act — open accounts, sign contracts, sell property (subject to local rules), and interact with third parties like title companies.
Timelines vary: opening probate and getting letters often takes several weeks to a few months. If the will is contested or additional notices are required, it can take longer. Emergency or interim relief is sometimes available for urgent property needs.
Obtain certified death certificates, secure the home (change locks, stop mail), contact insurance, and make urgent repairs to prevent damage. Notify mortgage lenders and HOA if applicable.
Find the original will, file it with the probate court in the decedent’s county, and petition to be appointed executor. After notice and any waiting period, the court issues authority documents allowing estate actions.
Hire a licensed appraiser to establish fair market value and a real estate agent experienced with probate sales to prepare the property for market. Clear title issues and collect mortgage/tax statements early.
Review offers with the attorney or agent. Executors must disclose they act for the estate and ensure contracts are signed with the estate’s legal name and referenced letters testamentary. Some states require court confirmation of sale contracts.
At closing, lien payoffs and mortgage releases are handled from estate funds or sale proceeds. The executor signs closing documents, transfers the deed, and ensures taxes and fees are paid.
After debts and expenses, the executor distributes net proceeds to beneficiaries per the will, files a final accounting with the court if required, and asks the court to close the estate.
Certified death certificates, the original will, and the court-issued letters testamentary or letters of administration are essential for title companies and lenders.
Collect deeds, mortgage and payoff statements, property tax bills, insurance policies, and any homeowners’ association documents or leases tied to the property.
Where required, provide court sale orders, confirmation of sale, affidavits of heirship or small-estate affidavits, and any other probate approvals requested by the title company.
Prepare deed forms (executor’s deed, administrator’s deed), closing statements, release forms for liens, and the settlement statement for lender/title company review.
Simple, uncontested probates and sales can take 3–9 months. Complex or contested estates, or where court confirmation is needed, can take 12–18 months or longer.
Delays stem from outstanding liens or mortgages, disputes among heirs, unclear or missing title documents, latent defects, unresolved creditor claims, or slow court calendars.
Expect appraisal fees, ongoing maintenance and utilities, insurance, probate court filing fees, attorney fees (hourly or estate-approved), and realtor commissions. Costs vary by state but can materially reduce net proceeds.
A fiduciary duty means the executor must act honestly, prudently, and in the best interests of the estate and beneficiaries — avoiding self-dealing, keeping accurate records, and following the will and law.
Executors can be personally liable for losses caused by negligence, misappropriation of funds, failure to pay taxes, or willful misconduct. Personal liability can arise if an executor acts outside their authority or breaches fiduciary duties.
Compensation rules differ: some states set statutory commissions; others require court approval of “reasonable” fees. Executors are generally entitled to reimbursement for reasonable estate expenses they pay personally.
Seek court approval when actions are unusual (sale of a home over a beneficiary objection), when fees exceed statutory norms, or when beneficiaries request court confirmation to reduce later challenges.
Heirs may request documents, ask for an accounting, negotiate privately, file objections with the probate court, or petition for removal of the executor if they allege misconduct or incapacity.
Courts can remove executors for dishonesty, incompetence, failure to act, conflicts of interest, or inability to perform. Removal typically requires a petition, notice to interested parties, and a court hearing.
Mediation, facilitated family meetings, or attorney-assisted negotiation can resolve disagreements faster and cheaper than litigation. Clear communication, transparent accounting, and using an independent appraiser often helps.
Risks include longer closing timelines, potential for court confirmation requirements, unknown title issues, unsettled liens, or disputes among heirs that could delay or unwind a sale.
Allow for extended title review and consider escrow protections: require the seller (executor) to deliver clear title or use a title company that guarantees coverage. Structure deposits as refundable if the executor lacks authority or the court denies sale confirmation.
Include contingencies for clear title, court approval (if required), a longer closing date, satisfactory inspection, and financing. Verify the seller’s authority with letters testamentary and confirm who will sign closing documents.
Use a title company experienced with probate closings; they can identify needed affidavits or court orders. A probate attorney can confirm the executor’s authority and advise on required court filings to clear title.
States differ on small-estate thresholds, whether executors can sell without court confirmation, statutory executor commissions, and required notices. For example, some states permit summary administration under a dollar limit while others require full probate for real property.
Search your state court or legislature website for probate statutes and forms, or use your state bar’s probate resources. Many state courts post sample forms for opening probate and sales of estate property.
Hire local counsel when the estate is complex, contested, has significant real estate, involves out-of-state property, or when you face title problems. A probate paralegal can help prepare filings in straightforward estates at lower cost.
Executors can often secure the property, order a death certificate, obtain letters testamentary, arrange appraisals, list property with a realtor, and manage routine maintenance and bills in simple, uncontested estates.
Hire an attorney if the will is contested, there are complex tax issues, significant debts, multiple jurisdictions, business interests, unclear title, or if beneficiaries object to sales or accounting.
Title companies perform title searches, identify required probate documents, issue title insurance, prepare closing statements, and often coordinate payoffs and recording of deeds for estate sales.
Maria is named executor in her father’s will. She must open probate, secure the house, pay ongoing bills, decide whether to sell, and distribute proceeds to beneficiaries (two siblings and a charity) per the will.
1) Get several certified death certificates. 2) Find and file the will with probate court; obtain letters testamentary (4–8 weeks). 3) Order appraisal; contact a realtor. 4) Notify mortgage lender and HOA; keep paying utilities and insurance. 5) List property, review offers, and — because a beneficiary objects to selling the family home — petition the court for sale approval. 6) After court confirmation, accept offer, clear liens at closing, sign deed, receive proceeds, pay estate debts and commissions, and distribute remaining funds with a final accounting.
Documents: certified death certificate, original will, letters testamentary, appraisal, mortgage payoff statement, tax bills, HOA docs, executor’s deed, closing statements. Stumbling blocks avoided: missed mortgage payments (by notifying lender), insufficient insurance, and failing to get court confirmation when required.
Start early: secure the property, get probate authority, gather documents, and communicate with heirs. Expect delays and costs. Buyers should insist on probate-related contingencies and title insurance.
Sometimes — if the will and state law permit or if the estate is small and qualifies for summary procedures. Often courts or title companies will require proof of authority (letters testamentary) and, in contested or certain high-value sales, explicit court confirmation.
There’s no single deadline; executors should act reasonably and promptly. Sales usually occur during probate administration, which can last months. Some statutes set limits for creditors’ claims, not for selling property specifically.
Yes, but the executor must treat the property as an estate asset: any personal use, rental income, and expenses should be properly recorded and disclosed. Personal occupancy by the executor can create conflict-of-interest concerns and may require court approval or beneficiary consent.
If there’s no will, the probate court appoints an administrator to manage estate property under intestacy laws, which determine who inherits and in what shares.
An executor can be removed by a court petition from an interested party for reasons like dishonesty, incapacity, conflict of interest, or failure to perform duties. The court will hold a hearing and may appoint a replacement.
Probate clerks or state court websites often post local forms for opening probate, petitions for sale, and small-estate affidavits. Use those templates as a starting point and adapt with attorney guidance when needed.
Check your state’s judiciary or legislative website for probate statutes and local court forms, or consult the state bar’s probate resources. Local probate clerks can also explain basic filing steps.
Consult a probate attorney when the estate is contested, complex, or has tax exposure. Use a title company for closing and title insurance. Hire a realtor experienced with probate sales to price and market the property effectively.
An executor in real estate acts as the estate’s legal representative: securing, valuing, managing, and, when lawful and appropriate, selling property to pay debts and distribute proceeds. Their powers flow from the will and probate court authority, and state rules shape what they can do without court approval. Executors owe fiduciary duties, must keep careful records, and should engage professionals when complexity, disputes, or title issues arise. For buyers, estate sales require extra due diligence, longer timelines, and protective contingencies.
