If one executor dies, can the other still sell the property?

When one of two executors dies after probate has been granted, it can be worrying to know whether the property sale can still go ahead. In most cases, the answer is yes: the surviving executor can complete the sale on their own.

Can the surviving executor continue with the sale?

Yes. If probate was granted to two executors and one of them later dies, the remaining executor can carry on and sell the property without applying for a new grant of probate.

This is because the role of executor is shared. If one executor dies, the surviving executor keeps the authority to deal with the estate. A separate process, sometimes called the ‘chain of representation’, only applies where there was a single executor who then dies after probate; it’s not needed if one of the original executors is still alive.

The power to sell the property remains in place and can be used by the surviving executor.

What documents will you be asked for?

The existing grant of probate remains valid. The surviving executor sells as the personal representative of the person who has died. You should expect to provide a copy of the grant naming both executors, together with the death certificate for the executor who has died.

Buyers’ solicitors and HM Land Registry usually ask for these documents as proof of authority.

How will the transfer be signed?

The transfer deed (for example, form TR1) can be signed by the surviving executor acting as personal representative. It’s common to include a short note in the document to explain that the co‑executor has died and that the surviving executor is signing in that capacity.

What happens to the money from the sale?

One executor can give a valid receipt for the sale money. You don’t need two executors to receive the sale proceeds. The money should then be dealt with in line with the will and the usual estate administration rules.

Practical tips

Be ready for your buyer’s solicitor to ask for proof of the co‑executor’s death and your authority as the surviving executor. Where the person who died was the sole registered owner, HM Land Registry has a set process for sales by personal representatives; your conveyancer will follow this and deal with any restrictions on the title.

If the deceased executor was the main point of contact for the estate – for example, with the estate agent or solicitor – let those people know about the change as soon as possible to avoid delays.

In short, the surviving executor can proceed with the sale alone, provided they can show the grant of probate and the co‑executor’s death certificate and sign the transfer as personal representative.