Executor refusing to sell a property? How to deal with a difficult executor

When someone dies, the estate needs to be administered and distributed. Where the main asset is a house, that often means selling it. If the executor is refusing to engage, the estate can sit in limbo – no sale, no distribution, and rising frustration. This is common where the executor is living in the property, […]

Executor refusing to sell a property
Executor refusing to sell a property

When someone dies, the estate needs to be administered and distributed. Where the main asset is a house, that often means selling it. If the executor is refusing to engage, the estate can sit in limbo – no sale, no distribution, and rising frustration.

This is common where the executor is living in the property, or where family relationships are already strained. Whether you are a beneficiary or a co-executor, there are practical steps you can take, and legal remedies if the deadlock continues.

What an executor is meant to do

An executor’s role is to collect the estate, pay debts, deal with tax, and distribute what remains in line with the will. They should keep proper records, communicate appropriately, and act in the interests of the estate.

Where there is property in the estate, the executor usually needs to agree a plan for it – for example a sale, a transfer, or (in some cases) a buy-out. Problems arise when the executor will not take decisions, will not communicate, or has a conflict – for example where they want to remain in the property.

First steps to regain momentum

Court proceedings are usually a last resort. Many disputes can be resolved by communicating – by setting out a clear plan, a clear timetable, and a clear written record.

  • Ask the executor to confirm their proposal for the property (sale, transfer, or buy-out).
  • Request a realistic timetable for marketing and sale, including next steps and dates.
  • Ask what is preventing progress (repairs, valuations, finance, alternative accommodation).
  • Request estate information, such as the will, grant of probate, and any draft estate accounts.
  • If communication has broken down, suggest mediation or a structured meeting.

If you are a co-executor, it also helps to understand what requires both signatures and what can be progressed in the meantime. Good advice at this stage can help you foresee obstacles and deal with them before positions become entrenched.

If the estate is stuck – legal options

If the executor continues to block progress, the focus shifts to whether the estate can be properly administered. The court’s concern is practical: can the administration be carried out fairly, with proper accountability, and without continuing delay.

Depending on the facts, the court can remove an executor, appoint a replacement, or appoint an independent executor (often a solicitor). An independent appointment can help reduce conflict and restore momentum, particularly where the property needs to be sold.

Evidence matters. Helpful material can include:

  • Copies of key emails and letters showing requests for action and the responses (or lack of response).
  • Any clear example of delay affecting the estate, the property, or the beneficiaries.
  • Information showing a conflict of interest or refusal to provide basic estate information.
  • Evidence about occupation of the property and the impact on the estate.

If the executor refuses to sell because they are living in the property

When the executor is occupying the home, the position can become more complicated. The key is to understand the basis on which they remain there and what that means for the estate.

In many situations the end goal remains the same – a sale at proper market value, followed by distribution. Before serving notice or starting possession proceedings, take advice so the steps taken match the facts and protect the estate’s position.

Speak to us if your executor is refusing to sell

If you are dealing with an executor who will not move matters forward, we can help you regain control of the situation and protect the value of the estate. We will explain the options, the evidence you are likely to need, and the next best step.

Louise Maidment
Partner and Head of Contentious Trust and Probate Team
01202 099 099
[email protected]

Read more about Louise >

Frequently asked questions

Can an executor step aside voluntarily?

Sometimes, yes. Where an executor has not started administering the estate, stepping aside can be relatively straightforward. If they have already dealt with estate assets, it can be more complicated. In those circumstances, a court order may be needed to change who is responsible for the administration.

When does court action become necessary?

Court action can be appropriate where discussions have broken down and the estate cannot be administered. The court will consider whether delay, conflict, or lack of cooperation is preventing the estate from being dealt with properly.

What if there are two executors and one refuses to sign?

Many steps in an estate administration require both executors to agree, particularly where a property sale is involved. If one executor refuses to cooperate, it can prevent the estate from moving forward. Depending on the circumstances, it may be possible to apply for directions or to replace an executor.

Does it matter if the executor is also a beneficiary?

An executor who is also a beneficiary still owes duties as executor. Decisions should be made for the benefit of the estate as a whole, with proper records and a fair approach to all beneficiaries.

Can the executor buy out the beneficiaries instead of selling?

A buy-out can be a constructive solution where funding is in place and the property is valued properly. It should be recorded clearly, with an agreed valuation approach and a timetable. Without this, it can become another source of delay.

What should I gather before taking advice?

If possible, gather a copy of the will, any grant paperwork, details of the property, and a timeline of what has happened so far. Copies of emails and letters can be particularly helpful.

Contentious Trust and Probate Team, Insights
05/01/2026
By
Steele Raymond

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