How to sell an executry property in Scotland

The short answer

An executor normally needs confirmation from the sheriff court before a house forming part of an estate can be sold and title transferred. Marketing can often begin earlier, but a sale cannot usually settle without it. Insurance, security and council tax on an empty property all need attention while the executry is in progress, and an executry solicitor handles the legal steps.

What this means

Confirmation is the Scottish equivalent of probate: the court document that gives the executor authority to deal with the deceased's assets, including heritable property.

Where the property was jointly owned with a survivorship destination in the title, it may pass automatically and confirmation may not be needed for that asset. The title sheet decides this, not assumption.

Executors have duties to the beneficiaries. Selling at an unjustifiably low figure is the kind of decision that gets questioned later, so a documented view of value matters.

Your possible options

These are possibilities to consider, not recommendations. Which of them fits depends on your own circumstances.

• Obtain confirmation, then sell on the open market

  The usual route. Marketing often starts while confirmation is being obtained, with settlement timed to follow it.

  Specialist advice: An executry solicitor prepares the inventory and applies for confirmation.

• Transfer to a beneficiary

  Where a beneficiary wants the property rather than the proceeds, title can be transferred to them instead of selling.

  Specialist advice: Tax and equalisation between beneficiaries need to be checked.

• Sell as-is without clearing or repairing

  Executry properties are often dated. Buyers expect that, and heavy refurbishment before sale rarely returns its cost.

• A faster sale where the estate needs to settle

  Where beneficiaries need matters concluded, a cash purchase gives a fixed date — normally below open-market value.

  Specialist advice: Executors should be able to justify accepting a discounted offer.

What should I do first?

1. 1Instruct an executry solicitor and confirm who the executors are.
2. 2Check the title sheet for a survivorship destination.
3. 3Tell the insurer the property is unoccupied — most policies require this.
4. 4Notify the council about council tax on an empty property.
5. 5Get a documented view of value for the inventory and for the beneficiaries.
6. 6Secure the property, and keep heating and inspections going over winter.
7. 7Market once the executors are clear they have, or will have, authority to sell.

What to do next

Common questions

Do I need confirmation to sell an inherited house in Scotland?

In most cases, yes. Confirmation gives the executor authority to transfer title. Where the property passed automatically to a surviving joint owner under the title, that asset may not need it.

How long does confirmation take?

It varies with the estate's complexity and the sheriff court's workload. Executors are generally advised to expect months rather than weeks, and to plan marketing around it.

Can we market the property before confirmation is granted?

Marketing is commonly started earlier, with buyers told that settlement depends on confirmation. Concluding missives before authority exists is a question for the solicitor.

Is there tax to pay when an executry property is sold?

Inheritance tax and any gain since the date of death are both possible depending on the estate. This is specific to the estate and needs a tax adviser or the executry solicitor.

Sources

• Scottish Government — buying and selling a home — government
• Law Society of Scotland — find a solicitor — professional body
• Registers of Scotland — government
• mygov.scot — housing and local services — government

Related situations and guides

• Bereavement or inherited property
• Empty property
• Property needs major work
• Cost of selling a house in Scotland
• Compare your selling options