Selling a Deceased Estate Property in NSW – What Executors Must Put in Place First

If you are an executor in NSW and sign a contract to sell a property before confirming your authority, you may be exposing yourself to personal risk.

When someone dies, there is often pressure from beneficiaries, agents and buyers to “get the property on the market”. But until probate or other forms of authority are properly in place, you may not be in a position to sign a binding contract. Even if you can sign, the contract must record your role and the estate’s status correctly so buyers and their lenders are confident in the transaction.

Problems include:

• contracts entered into before probate is granted, with dates or conditions that cannot be met

• questions from buyers or their lenders about whether you are properly authorised

• disputes between beneficiaries about timing or sale price if decisions are rushed

We confirm your authority, check the will or court documents and prepare a contract that reflects the property is being sold by an estate. We also guide you on appropriate timing, especially if you are balancing the sale with the prospect of beneficiaries taking the property instead of selling.

If you are an executor considering selling a property in NSW, please contact us with the will and any probate documents before you list or sign anything, so we can protect both you and the estate from avoidable risk.

Disclaimer: This is general information only and does not take into account your specific circumstances. Every property and transaction is different. We can only confirm how this applies to you after you contact us and we review your matter on a case‑by‑case basis.