While an executor may refuse to sell a house if the will explicitly forbids it or if selling the property would not serve the best interests of the estate or its beneficiaries, they cannot arbitrarily refuse to sell a house when doing so is necessary to administer the estate fairly and properly. Executors have a fiduciary duty to act in the estate’s and beneficiaries’ best interests, which can include selling estate property when required.
For example, suppose siblings are jointly inheriting a home, but each has their own family and primary residence. In this case, it may make more sense for the executor to sell the house and divide the proceeds equally among the siblings rather than have them inherit the home itself.
Suppose the executor is also one of the siblings, and they wish to keep the house to live in. They plan to buy out the other siblings’ shares gradually, but currently, they lack the funds to do so.
In this scenario, selling the house would clearly be in the best interests of the beneficiaries. Keeping the home would prevent the siblings from receiving their immediate inheritance in cash, which they may need. If the executor refuses to sell voluntarily, the siblings could petition the court to compel a sale.
Remember, executors have a duty to administer estates prudently and in a timely fashion. If they unreasonably delay a sale of estate property, especially if it harms beneficiaries or prevents the estate from repaying valid debts, it may be considered a breach of fiduciary duty.
