Can an Executor Sell a House?

Yes—But Only Under the Right Legal Conditions

When someone passes away and leaves behind a home, it’s common for family members to ask:
“Can I sell it?”
“They left it to me in the will—can I just put it on the market?”

These are perfectly reasonable questions—but the answer often surprises people: the authority to sell a home after someone passes doesn’t usually kick in automatically. Whether you’re a surviving spouse, an heir, or named as the executor in the will, certain legal steps may need to be taken before a sale can move forward.

That’s where probate comes in. Selling real estate after someone dies typically requires formal authority from the court, even when intentions are clearly spelled out in the will.

1. What Is an Executor or Personal Representative?

An executor (sometimes called a personal representative) is the person responsible for managing the estate of someone who has died. If there’s a will, that person is usually named in it. If there’s no will, the court appoints someone to carry out similar responsibilities.

That said, many people are surprised to learn that even if they’re named in the will—or even if they’re the surviving spouse—they may not immediately have the legal power to sell real estate. In most cases, they’ll first need to go through the probate process and be officially appointed by the court.

Once that happens, the court typically issues a document called Letters Testamentary (or Letters of Administration, when there’s no will). That document is what gives someone the authority to handle the estate, including selling the home.

Until those letters are issued, listing the property, accepting offers, or signing closing documents is usually not allowed—even if the will seems clear.

2. The Sale Must Serve the Estate’s Best Interests

Once appointed, the executor has a responsibility to act in the best interests of the estate and its heirs. This includes:

• Selling the property for fair market value

• Keeping accurate records

• Avoiding conflicts of interest or self-dealing

A home might be sold to pay debts, divide proceeds, or follow specific instructions in the will.

3. Court Approval May Be Required

The level of court involvement can vary depending on how the estate is being administered:

• In independent probate, the executor often has flexibility to sell property without going back to court for each step.

• In supervised probate, or if required by the will or state law, the executor may need formal approval to list the home or accept an offer.

Each state has different rules, and every situation is a little different, so it’s always wise to consult an attorney if you're unsure.

4. Don’t Forget About Disclosure Rules

In Washington State, estates being sold by a personal representative are exempt from the standard Seller Disclosure Statement (Form 17) that most private sellers are required to provide.

That said, this exemption doesn’t eliminate the need for transparency. Even when a disclosure form isn't required, sellers—executors included—can still be held responsible for knowingly hiding defects or providing false information.

When in doubt, it’s better to answer buyer questions honestly and document what you do (and don’t) know about the home.

5. Expect the Timeline to Take Longer

Probate-related home sales tend to move more slowly than standard transactions. That’s often due to:

• Court timelines and required legal steps

• Extra paperwork for the title company or escrow

• Communication and coordination with multiple heirs or interested parties

The good news? Working with a knowledgeable probate attorney and a real estate agent familiar with estate sales can smooth out many of the bumps in the road.

6. What If There Are Multiple Heirs?

An executor must manage the estate in the interest of all heirs, not just one or two. They are generally expected to:

• Keep everyone informed

• Be transparent in decision-making

• Stay aligned with the court’s direction or the instructions in the will

While heirs may not always agree on every detail, the executor's job is to follow the law and the will as faithfully as possible. Disagreements can happen, but unless there's misconduct, heirs typically cannot block a properly authorized sale.

Bottom Line: Yes, Executors Can Sell a House—With the Right Authority

If you’re involved in settling an estate—whether as an executor, family member, or interested buyer—it’s important to understand that selling a home after a death involves more than just good intentions or a name in a will.

In most cases, legal authority must be granted through the probate process before a sale can proceed. That process exists to protect everyone involved and ensure that the estate is handled fairly.

If you’re navigating a probate-related sale, we’re here to help. Whether you’re selling, buying, or just trying to understand the next steps, don’t hesitate to reach out for guidance from professionals who’ve walked this road many times before.