Estate
Can an executor buy property from the estate? Self-dealing rules by state
General information, not legal, tax or financial advice. Last reviewed Nov 1, 2026.
Quick answerUsually not on their own say-so. Executors are fiduciaries, and buying estate property for themselves is self-dealing. California, Texas and Ohio ban it unless an exception applies, such as the will authorizing it, written consent of the affected heirs plus court approval, or a court finding that it’s in the estate’s best interest. In Florida such a sale is voidable by any interested person who didn’t consent after fair disclosure, unless the will authorized it or the court approved it after notice. Being an heir yourself doesn’t change these rules.
Step by step if you’re the executor and want to buy
- Read the will for language expressly allowing the executor to buy estate property.
- Get an independent appraisal so the price can be shown to be fair.
- Tell every affected heir and beneficiary in writing, and get signed consents where your state uses them.
- Ask the court for an order approving the purchase, with notice to the people the law requires.
- Pay with your own money into the estate account and keep the paperwork.
Rules in our pilot statesState law
| State | General rule | How it can be allowed |
|---|---|---|
| New Hampshire | We didn’t find a specific statute on executor purchases (see below). An executor whose wasteful or fraudulent management makes them unfit can have the appointment revoked. | Unless the will says otherwise, an executor may sell real estate with the written consent of the surviving spouse and the heirs or devisees, “with fidelity and impartiality.” |
| California | Neither the executor nor the executor’s attorney may buy estate property or a claim against the estate, directly or indirectly. | Court order on petition, with written consent of each affected heir and devisee filed with the court, and a showing that the purchase helps the estate. Notice of the hearing goes to affected heirs and devisees. |
| Texas | An executor may not buy, directly or indirectly, estate property sold by the executor or a co-executor. | Exceptions: the will admitted to probate expressly authorizes the sale; a written contract signed by the person who died (such as a buy-sell agreement); or a court finding that the sale is in the estate’s best interest, after notice to distributees and unpaid creditors. A purchase that breaks these rules can be declared void and the property returned to the estate. |
| Florida | A sale to the executor, their spouse, agent or attorney, or a company they have a substantial interest in, or any deal affected by a conflict of interest, is voidable by any interested person who didn’t consent after fair disclosure. | Not voidable if the will or a contract signed by the person who died expressly authorized it, or if the court approved it after notice to interested persons. Conflicting interests are also a ground for removal. |
| Ohio | Fiduciaries may not buy from or sell to themselves or deal with the estate in their own interest, except as the governing instrument expressly allows and then only with probate court approval each time. | Petition the court with written consent of each affected heir and devisee filed with the court and a showing that the purchase is to the estate’s advantage. The court gives notice of the hearing. |
- Revocation for wasteful or fraudulent management. Source: RSA 553:10, checked Nov 1, 2026.
- Sale with written consent of spouse and heirs or devisees. Source: RSA 559:18, checked Nov 1, 2026.
- General ban on purchases by the executor or attorney. Source: Cal. Prob. Code § 9880, checked Nov 1, 2026.
- Court order with written consents and advantage to the estate. Source: Cal. Prob. Code § 9881, checked Nov 1, 2026.
- Petition and notice. Source: Cal. Prob. Code § 9883, checked Nov 1, 2026.
- General prohibition; exceptions for will authorization, executory contracts and best interest; void sales. Source: Tex. Estates Code §§ 356.651–356.655, checked Nov 1, 2026.
- Conflict-of-interest transactions voidable unless authorized or court-approved. Source: Fla. Stat. § 733.610, checked Nov 1, 2026.
- Conflicting interests as a removal cause. Source: Fla. Stat. § 733.504(9), checked Nov 1, 2026.
- No self-dealing; petition with written consents. Source: Ohio Rev. Code § 2109.44, checked Nov 1, 2026.
Not yet verified: whether New Hampshire has a statute or court rule specifically addressing purchases of estate property by an executor. Ask the probate court or a New Hampshire lawyer before buying.
If you’re a beneficiary and the executor bought something
Ask for the appraisal, the court order or the consents. If none exist, the state rules above let interested persons challenge the sale, and self-dealing can be grounds for removal. See what to do when an executor stalls.
Selling to an outside buyer instead? See selling a house during probate. A sibling living in the house? See this guide.
Related: Executor pay · Executor checklist
After a death: your state
New Hampshire · California · Texas · Florida · Ohio
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