Executors often ask whether they can sell the house on their own, or whether every heir must sign off. Understanding your fiduciary duty is what protects you from disputes and personal liability.
This page is part of the Probate Real Estate New York guide. Not legal or tax advice — consult an estate attorney or tax professional for your situation.
The Executor's Authority to Sell
Once the court issues Letters Testamentary, the executor can typically list and sell real property without a separate court order, unless the will restricts it. Administrators have the same power under Letters of Administration.
Fiduciary Duty and Fair Market Value
The executor must obtain fair market value and avoid self-dealing. An independent market valuation documents that the price was fair and defends against beneficiary claims — especially when heirs disagree.
Do Beneficiaries Have to Approve the Sale?
Generally no, if the sale is at fair value and in the estate's interest. But keeping beneficiaries informed prevents conflict, and a badly handled sale can expose the executor to liability among multiple heirs.
Keep the valuation, marketing records, and offers on file. A clear paper trail is an executor's best protection against a beneficiary challenge.
Handling an Estate Property Sale on Long Island?
Montauk Dunes Real Estate provides compassionate, expert guidance for executors and families in Nassau County, Suffolk County, and the Hamptons — including traveling notary services for estate documents. Call for a free, confidential consultation.
Call 646-234-2160Frequently Asked Questions
Can an executor sell property below market value?
Not without risk. Selling below fair value can breach fiduciary duty unless all beneficiaries consent in writing.
Can one heir stop the executor from selling?
Usually not, if the sale is proper. A dissenting heir can petition the court, but courts defer to a prudent executor.
What if there is no will?
An administrator appointed by the court holds the same selling authority.