The experiences of an executor selling a home

It was one of the founding fathers of the United States of America, Benjamin Franklin, who judiciously pointed out to a friend that nothing is certain in life except death and taxes. It's a pithy point that was made, but it is true that death is an inevitable fact of life.

It is a sad and emotional time for those who are left behind: family, friends, colleagues, anyone who knew the person who has died.

And if you have been appointed the executor of the deceased's estate, the responsibility (should you wish to accept the role) can add further pressure to a very difficult time as you come to terms with the loss of a loved one.

The role of executor is, on the face of it, a simple one when it comes to the process: essentially, you (and any other person named as co-executor) are responsible for managing the affairs of the estate, including the financial side and sorting out the various possessions. The house left behind is probably the biggest value item in the estate.

Once the death has been certified, the very first action is to organise probate, which is the official legal process of administering the estate and validating the will (which nominates the executors), which then gives the named executor(s) the authority to manage the estate and distribute assets.

The probate process values the estate, which is the total amount of financial assets, the value of any property and a calculation of the value of any possessions (which includes furniture, electronics, artwork, car, etc.).

In parallel, the executor can contact the utilities (electricity, water, gas, broadband, buildings insurance, council tax, mobile phone, etc.) and, if the home is still being paid for through loans or a mortgage, the lender(s), to inform them of the death. At this point, you may decide to keep the utilities running until the sale of the house is completed (at which point, all of these need to be contacted to close down the accounts). You must also contact the Department of Work and Pensions to confirm the death so that any payments and benefits can be assessed or refunds analysed and paid.

You'll also need to contact any banks to inform them of the death: all banks run a specific bereavement service with care and understanding to guide you through what you need to do. You won't be able to do anything with the money in the accounts (unless you have Power of Attorney to do so, although this is limited) until probate has been granted.

For the property prior to probate, you'll need to consider getting a spread of valuation estimates from estate agents, who will give you a formal written valuation to underline the calculation of the estate's overall worth.

Once probate has been granted, you'll receive a certificate that names you and any co-executors as such, and you can start the administration of the estate.

Any bills and other liabilities with calls on the estate (including any designated inheritance or estate taxes) will have priority over any named bequests in the will.

If there are items of value that no-one wants or haven't been bequeathed, you might want to consider putting them into a sale, whether you oversee the process yourself (e.g. using auction sites online such as eBay) or involve an expert or auction house to oversee it on your behalf (bearing in mind that they have fees that will need to be paid from the estate or from the proceeds of the sale).

When selling the home, you can put it straight on to the market and leave the estate agent to organise any viewings and to communicate any offers, which you can discuss and confirm with any co-executors. You should appoint a solicitor as soon as possible to manage the transaction on your behalf.

As far as the sale process is concerned, it follows the same steps as a standard sale, but you might wish to set up an executor account at your chosen bank to manage the financial requirements in dealing with the estate.

When the sale has successfully reached completion, you will receive the funds managed by your solicitor. Since this is likely to take the longest length of time to achieve, it is probable that you have sorted everything else out in the meantime. You might have kept the utilities running for the duration and set up buildings insurance to protect the empty home. You might also wish to appoint a house clearance firm or charity.

You'll need to take final readings and inform the council to confirm the details of the sale, which will inevitably require final bills to be paid.

These bills from these activities will need to be paid before you can think about administering the bequests laid out in the will, since you won't have the final figure. If there are possessions that have been bequeathed, however, these can be distributed earlier in the process. You will also be required to confirm the completion with the local authority for the final council tax bill for the estate.

The process of selling a home following a death is very straightforward from start to end, however the heightened emotion that comes into play can make any frustrations feel magnified, so be prepared to allow yourself some time away from it all if it is all getting too much to handle before returning to the task more refreshed.

However you're approaching a property sale, and especially where you're managing it as an executor, you'll need conveyancing that keeps things moving as quickly and efficiently as possible. Our conveyancers at Homeward Legal will start work on your plans as soon as you agree to the quotation and appoint us to act for you.

Call us now on  to get your conveyancing quote started, or get a quick quote using our quote generator.