Selling inherited real estate when an executor has been appointed: who is the seller, and who are the parties to the brokerage and settlement?

The key point: When selling inherited real estate with an executor, who the party (seller) to the sale is changes with the form of the will. Under a "bequeath by inheritance" clause (a specific-property succession will), the heir who acquired the property is the seller, and the executor handles perfection of title such as inheritance registration. In a liquidation-type devise that sells the estate and distributes the proceeds, the executor carries out the sale. Interpretation of the will and the scope of authority go to a lawyer and registration to a judicial scrivener; the brokerage is ours.

Having acquired real estate under a notarised will, or having been designated or appointed as executor, you may wonder "do I sign the contract, or does the executor," and "who stands at the settlement." Whether there is a will, and how the will is worded ("bequeath by inheritance" or "devise"), changes both the party to the sale and the registration flow.

This article organises, from the real-estate viewpoint, who stands as a party to the brokerage, the sale contract and the settlement when an executor is involved in selling inherited real estate. Judging the will's validity or the scope of the executor's authority is the field of the lawyer; this article is general information only.

Yotsuba Real Estate Co., Ltd. (四葉不動産株式会社), based in Bunkyo, Tokyo, provides appraisal of inherited real estate and sale brokerage. Where an executor is involved, we can start from what can be confirmed before selling.

When there is an executor, who is the seller and the signatory to the sale contract?

First, grasp the executor's authority. Article 1012(1) of the Civil Code provides that the executor has the right and duty to perform all acts necessary to administer the estate and otherwise execute the will, in order to realise its contents. Article 1012(2) provides that where there is an executor, only the executor may perform a devise (amended by Act No. 72 of 2018, in force from 1 July 2019).

Who becomes the seller depends on how the will succeeds the property.

Form of the will	Succession of the property	Seller / signatory to the sale
"Bequeath by inheritance" (specific-property succession will)	Succeeds to the heir automatically at the opening of inheritance	The heir who acquired it (the beneficiary heir)
Devise (specific devise)	The devisee acquires by the devise	After acquisition, the devisee; the devise is performed by the executor
Liquidation-type devise (to sell and distribute)	The executor liquidates and distributes the proceeds	The executor carries out the sale

Article 1015 of the Civil Code provides that an act done by the executor within authority, indicating that they are the executor, takes effect directly against the heirs. So in a scene like a liquidation-type sale where the executor carries out the sale, the executor stands "as executor" as a party to the contract. Conversely, where a specific heir acquired the property under a "bequeath by inheritance" clause and sells it at their own discretion, the seller is that heir.

Which category applies, and the interpretation of the will's wording, is ultimately the field of the lawyer. Looking at the copy of the will and the registration status, we organise who is likely to be the party to the sale and connect you to a lawyer and judicial scrivener for points that need settling. The executor's duties and the appointment mechanism themselves are covered on the administrative scrivener's side in Who becomes an executor and how one is appointed (Japanese).

How do the sale and registration flows differ between a specific-property succession will and a devise?

The registration flow that underlies the sale also changes with the form of the will. The 2021 amendment to the Real Property Registration Act (Act No. 24 of 2021) made part of the registration of transfer by devise applicable by a sole application (in force from 1 April 2023). However, the sole application is limited to a devise to an heir; a devise to a non-heir remains a joint application as before.

Form of the will	Cause of registration	Form of application
"Bequeath by inheritance" (specific-property succession will)	Inheritance	The heir applies for inheritance registration alone; the executor may also perfect title (Civil Code art. 1014(2))
Devise to an heir	Devise	The devisee (heir) may apply alone (Real Property Registration Act art. 63(3), in force 1 April 2023)
Devise to a non-heir	Devise	Joint application by the devisee and the heir (or executor)

Article 1014(2) of the Civil Code provides that where there is a specific-property succession will, the executor may do what is necessary to perfect title. To transfer ownership to the buyer, it is usual to put the registration in the name of the beneficiary heir or devisee as a precondition to selling. In a liquidation-type devise, the order can become complex, such as passing through the heir's name before the transfer registration by sale.

Judging the cause, order and feasibility of a sole application, and acting as agent for the application, is the work of the judicial scrivener. We do not act as agent for registration. We proceed while confirming with the judicial scrivener which registration to settle first, to fit the sale schedule.

How do the executor and the beneficiary heir relate to the brokerage, identity verification and the settlement?

Selling real estate follows the steps of a brokerage agreement (Real Estate Brokerage Act art. 34-2), the important-matters explanation (art. 35) and delivery of the sale contract (art. 37). Where an executor is involved, it is essential to settle at the outset who the parties to these are.

Scene	Who is the party (varies by category)
Brokerage agreement	The person who is the seller (the beneficiary heir, or in a liquidation type, the executor)
Identity verification (Act on Prevention of Transfer of Criminal Proceeds)	Both the party to the contract and the executor who acts as agent
Important-matters explanation	Explanation to the buyer; the seller side discloses the rights, the will and the registration status
Settlement and handover	The person who is the seller receives payment; in a liquidation type, the executor receives and distributes the proceeds

Identity verification is carried out by the real-estate broker under the Act on Prevention of Transfer of Criminal Proceeds. Where the executor contracts as seller, in addition to verifying the executor personally, we confirm materials showing they were designated or appointed as executor (the will, the family court's appointment ruling, etc.). Where the beneficiary heir is the seller, we verify that heir's identity and settle the basis on which they acquired the property (the will, the registration).

At the brokerage stage, we organise from the will and registration who becomes the seller, and in the important-matters explanation we disclose the will, the executor's involvement and the registration status to the buyer. Where a dispute over the will's validity or the existence of authority is foreseeable, we ask you to consult a lawyer before we take on the brokerage.

What happens with a sale different from the will's contents, or if an heir opposes the sale?

Where there is an executor, the heirs cannot dispose freely. Article 1013(1) of the Civil Code provides that where there is an executor, an heir may not dispose of the estate or otherwise do an act that would obstruct the execution of the will; Article 1013(2) provides that an act in violation is void (though it cannot be asserted against a good-faith third party).

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Situation	How it is organised
An heir tries to sell without the executor's knowledge	Obstructive acts are restricted under art. 1013; an unauthorised disposition is in principle void
An heir opposes the sale	Where within the executor's authority, as in a liquidation type, the executor may proceed with the sale
You want to sell with contents different from the will	Whether the estate division can be re-done by the agreement of all heirs is a lawyer's judgment
There is a dispute over the will's validity	Consult a lawyer before selling; we may be unable to take on the brokerage until validity is settled

Whether, in such scenes—an opposing heir, a disputed will's validity, an unclear scope of the executor's authority—a sale is possible is itself an individual legal judgment. Neither we nor any unqualified person may assert "it can be sold" or "it cannot." Disputes among heirs and interpretation of the will go to a lawyer, and registration to a judicial scrivener.

On the thinking around sales involving co-ownership shares or division, Organising the sale of a co-owner's share to a third party (Japanese) and The flow of selling inherited real estate by conversion-and-division (Japanese) are useful references.

What documents should the executor confirm before selling, and how are roles divided? (Separate mandates)

A sale involving an executor spans different businesses: interpretation of the will, registration, tax and real estate. Getting the order wrong can lead to contracting before the registration is settled, or to a misunderstanding about who bears the capital-gains tax.

Role	Who handles it
Appraisal, brokerage, important-matters explanation, settlement	Real-estate transaction business (our company)
Judging the will's validity, the scope of the executor's authority, disputes among heirs	Lawyer
Inheritance registration, transfer registration by devise	Judicial scrivener
Calculating and filing capital-gains tax and inheritance tax	Tax accountant
Petition to appoint an executor	Family court

Documents to confirm before selling include the will (the original/certified copy for a notarised will, the probated one for a holographic will), materials showing the designation/appointment of the executor, a certificate of registered matters, and the fixed-asset tax statement. In a liquidation type, settle the order of debt payment and distribution of proceeds first.

These are each independent businesses, and you contract with them separately. We handle the real-estate side of the sale; interpretation of the will and the judgment on authority go to a lawyer, registration to a judicial scrivener, and capital-gains and inheritance tax to a tax accountant. We do not receive referral fees.

How can you consult Yotsuba Real Estate about a sale involving an executor?

Those designated or appointed as executor, and heirs who acquired real estate under a notarised will, can contact Yotsuba Real Estate directly to request appraisal and sale brokerage. Please first tell us:

• The form of the will ("bequeath by inheritance," a devise, or a liquidation type)
• The location of the real estate to sell and the current state of the registered title
• Whether an executor is designated/appointed, and the number of heirs
• Whether there is a dispute among heirs over selling

Yotsuba Real Estate organises, from the will and registration, who is likely to be the party to the sale, and tells you what can be confirmed before selling. Interpretation of the will and the judgment on authority go to a lawyer, registration to a judicial scrivener, and capital-gains tax to a tax accountant—each independent businesses that you contract with separately.

Consult Yotsuba Real Estate about selling inherited real estate involving an executor—initial consultation is free

In your message, write "sale of inherited real estate with an executor" and include the form of the will and the location of the property. Without presuming whether it can be sold, we begin with organising the parties and in what order to proceed to registration, contract and settlement.

Frequently asked questions

Q. I acquired real estate under a "bequeath by inheritance" will. Is the seller me?
A. Under a specific-property succession will ("bequeath by inheritance"), the property succeeds to that heir automatically at the opening of inheritance, so in principle the acquiring heir is the seller. The executor has authority to do what is necessary to perfect title (such as inheritance registration) (Civil Code art. 1014(2)). If the wording is unclear, confirm with a lawyer.

Q. The will says the executor is to sell and distribute (a liquidation type). Who makes the contract?
A. In a liquidation type that sells the estate and distributes the proceeds, the executor proceeds with the sale to realise the will's contents (Civil Code arts. 1012(1) and 1015). The executor stands "as executor" as a party to the contract. We proceed while confirming the order of registration and distribution with a judicial scrivener and tax accountant.

Q. One of the heirs opposes the sale. Can it be sold?
A. The treatment changes depending on whether it is a sale within the executor's authority (such as a liquidation type) or a sale by the acquiring heir themselves, and whether the will's validity is disputed. Article 1013 of the Civil Code restricts obstructive acts by heirs where there is an executor. Because feasibility is an individual legal judgment, consult a lawyer. We handle the brokerage side.

Q. Can I apply for the registration of the devised property by myself?
A. Under Article 63(3) of the Real Property Registration Act, in force from 1 April 2023, a devise to an heir lets the devisee apply alone for the transfer registration. A devise to a non-heir remains a joint application as before. Judging the feasibility and acting as agent for the application is the judicial scrivener's work, so we connect you there for the actual application.

Sources

The following public materials are starting points for investigation. Laws are amended, so check the current text, enforcement date and latest amendment on e-Gov Law Search. All were consulted on 20 October 2026. They do not establish the interpretation of an individual will, the executor's authority, or the feasibility of a sale. The sources below are in Japanese.

• e-Gov Law Search: Civil Code, art. 1012 (rights and duties of the executor), art. 1013 (prohibition of obstruction), art. 1014(2) (specific-property succession will and the executor's authority), art. 1015 (effect of the executor's acts): all amended by Act No. 72 of 2018, in force 1 July 2019
• e-Gov Law Search: Real Property Registration Act, art. 63(3): sole application for transfer registration by a devise to an heir (Act No. 24 of 2021, in force 1 April 2023)
• e-Gov Law Search: Real Estate Brokerage Act, art. 34-2 (brokerage agreement), art. 35 (important-matters explanation), art. 37 (delivery of documents)
• Ministry of Justice: Mandatory inheritance registration and the review of registration by devise: guidance on the sole application for a devise to an heir

This article provides general information. Individual legal judgments require review by the appropriately qualified professional. It does not guarantee the interpretation of the will, the scope of the executor's authority, or the feasibility of a sale.

Joji Uramatsu (浦松 丈二), Representative Director and licensed real estate transaction specialist, Yotsuba Real Estate Co., Ltd. (四葉不動産株式会社). We provide appraisal of inherited real estate and sale brokerage. Author profile

Updated: 20 October 2026