Selling Real Estate as an Executor: Essential Documents You Need

by Tracey Barrett
June 2025

Serving as the executor of an estate comes with many responsibilities, and selling real estate is often one of the most significant tasks. Whether you’re managing the sale of a family home or investment property, having the right documents in order is crucial for a smooth and legally compliant transaction. Here’s what you need to know about the documents required to sell estate property.

1. Death Certificate

One of the first documents required is a certified copy of the decedent’s death certificate. This establishes that the property owner has passed away and allows the estate to begin legal proceedings for asset distribution.

2. Last Will and Testament – Testate or Intestate

If the deceased had a will, this document outlines how their assets, including real estate, should be distributed. The will also names the executor responsible for managing the estate. It must be validated through probate before the executor can proceed with the sale.

The presence of a will determines whether an estate is considered testate or intestate:

• Testate: If the deceased left a valid will, the probate court will follow the instructions outlined in the will. The named executor will oversee the sale of real estate and distribute proceeds according to the will’s terms.
• Intestate: If no will exists, the estate is considered intestate, and state laws dictate how assets, including real estate, are distributed. A court-appointed administrator will manage the estate, including the sale of the property, following intestacy laws.

3. Probate Bond

A bond is often required when an executor presents a will to probate as a form of financial protection for the estate and its beneficiaries. Here’s why it may be necessary:

1. Ensures Fiduciary Responsibility – The executor is responsible for managing and distributing estate assets. A bond acts as insurance in case the executor mismanages funds, commits fraud, or fails in their duties.
2. Protects Beneficiaries and Creditors – If the executor mishandles assets or fails to pay debts and taxes owed by the estate, the bond provides financial compensation to affected parties.
3. Required by Probate Court – Some states or jurisdictions automatically require an executor’s bond unless the will explicitly waives it. The court sets the bond amount based on the estate’s value.
4. Helps Prevent Misuse of Funds – The bond discourages executors from engaging in negligent or dishonest behavior, as they would be held financially accountable.

However, many wills include a provision waiving the bond requirement, particularly if the executor is a trusted family member. If required, the executor usually pays the bond premium from the estate’s funds.

4. Letters Testamentary or Letters of Administration

Once the will is probated, the court will issue Letters Testamentary or Certificate of Qualification (if there is a will) or Letters of Administration (if there is no will). These legal documents give the executor or administrator the authority to act on behalf of the estate, including selling real estate. 

5. Probate Court Approval (If Required)

In some cases, the executor may need formal approval from the probate court before listing and selling the property. This varies by state and the terms of the will. Some estates require a court-supervised sale, especially if there are multiple heirs or disputes.

6. Property Deed

The executor must provide the original or a certified copy of the property deed, which shows legal ownership of the real estate. The title must be checked for any liens, encumbrances, or issues that could delay the sale. The certified deed can be obtained from the county courthouse.

7. Estate Tax Identification Number (EIN)

Since the estate is selling real estate, an Estate Tax Identification Number (EIN) from the IRS may be necessary. This is used for tax purposes and to set up an estate bank account if needed for transaction proceeds.

8. Affidavit of Heirship (If No Will Exists)

If the deceased did not leave a will, an affidavit of heirship may be required to confirm the rightful heirs and allow the transfer of the property. This document must be notarized and, in some cases, filed with the county recorder’s office.

9. Title Report & Title Insurance

A title report will verify legal ownership and reveal any issues, such as outstanding liens or encumbrances. In Virginia, proceeds from the sale cannot be released to the estate until the anniversary of the decedent’s death. It will be kept in escrow until that time. If the estate desires to receive the proceeds sooner, then it can purchase a title insurance bond, over and above the probate bond, which is required to protect the buyer and ensure a clear transfer of ownership.

10. Real Estate Sales Contract

Once a buyer is found, a legally binding real estate sales contract will be needed. This agreement details the sale terms, contingencies, and closing requirements.

10. Closing Documents

At closing, various documents, including a settlement statement, deed transfer, and tax documents, must be signed to finalize the sale. These will be handled by a title company or attorney, depending on state requirements.

Final Thoughts

Selling real estate as an executor can be a complex process, but having the right documents prepared in advance will make it much easier. Consulting with an experienced probate attorney and real estate professional will ensure compliance with state laws and a smooth transaction. If you’re an executor preparing to sell estate property, take these steps early to avoid potential delays and legal complications.