If you’ve recently inherited a property or find yourself the executor of a will — without knowing exactly all that this entails — then you might have a lot of questions about your role. So what can an executor do? Can an executor sell a property to himself? Even without the beneficiaries consent? What can an executor do exactly? Read on to learn all about what an executor can and cannot do.
What is an Executor?
An executor is the person or institution who has been appointed to carry out the terms of the Will and Last Testament of the deceased person. Often times the executor is a child of the deceased person, or an institution like a bank or a lawyer. The executor is responsible for all the assets listed in the will.
An executor will also handle all estate matters such as distributing assets, filing tax returns if necessary, and settling debts to settle the estate.
Things an Executor Cannot Do
One of the biggest legal mistakes an executor can make is distributing estate assets before debts are paid. Utah law requires payment of:
Funeral expenses
Taxes
Secured debts
Unsecured creditor claims
Only after all financial obligations are satisfied can beneficiaries receive property.
If an executor distributes assets prematurely and there is not enough money left to satisfy the estate’s obligations, that executor can be held personally liable for the shortfall. This includes being forced to repay creditors out of their own funds.
This is why executors often choose to sell the home early in probate — it gives them liquid funds to manage estate expenses safely and legally.
Can an Executor Sell a Property to Himself?
If an executor wants to buy the estate property personally, Utah law applies strict scrutiny. The executor must prove:
The price reflects true fair market value
The transaction is transparent and fully disclosed
All beneficiaries receive proper notice
No beneficiary objections are ignored
The executor gains no unfair advantage
This prevents self-dealing, which is one of the fastest ways an executor can get removed from their position.
Executors should obtain:
An independent appraisal
Multiple written offers from other buyers (if available)
Signed written consent from all beneficiaries
If any beneficiary objects, courts may require an open-market listing to confirm the value. A good rule is this: If the executor wants to buy the home, they must prove the estate is not harmed in any way.
Can the Executor of a Will Take Everything?
The executor has legal duties such as paying taxes and settling debts and distributing assets as outlined in the will. If an executor is found stealing or lying to keep certain assets hidden or for themselves then they can be found in contempt of the probate court. This situation involves fines and possibly a jail sentence. Beneficiaries can take an executor to court if they think that the will is not being followed correctly.
Things the Executor Can Do
Because estates and wills can vary, so too can the role of an executor differ. However, there are several basic duties that they will fulfill. For example, if a will gets challenged or ends up in probate court they will help to validate the will. They will also arrange for the distribution of the testator’s assets and all property to the beneficiaries. In some cases the executor determines which beneficiaries inherit real estate according to the will and they closeout the estate, paying taxes, debts or related expenses.
When You Should Petition the Court to Remove an Executor
Beneficiaries can request removal of an executor when the executor:
Refuses to sell property needed to settle the estate.
Sells property below market value without justification.
Fails to communicate with beneficiaries.
Mismanages estate money.
Creates conflicts of interest.
Shows favoritism toward certain heirs.
Steals or hides assets.
Does not follow court orders.
Utah probate courts do not take removal lightly. Clear evidence must show the executor is harming the estate. But once removed, a successor executor (or administrator) is appointed who can continue probate properly.
Need to Sell an Inherited Property?
Being an executor of a will can be a large job, not to mention a big responsibility at a time when you are experiencing the grief of the passing of your family member. When none of the beneficiaries want to keep the home then you have the added burden of selling a property. If you would like to quickly sell your inherited property, then Gary Buys Houses can provide a cash offer and close on the home sale in as little as 7 days.
Move forward with the duties of being an executor without dealing with listing, showing, negotiating contracts, getting appraisals, etc. that all come with selling a home the conventional way. Gary buys houses in all types of condition and takes away the stress and extra work involved with selling a home. Contact us today to learn more.