Selling an Inherited or Probate House
Selling an inherited house starts with who has the authority to sign. That depends on how title passed and on state law, and it may be an executor or administrator named by a court, a trustee, or the heirs themselves.
The house keeps producing bills while the estate is sorted out: property taxes, insurance, utilities, and upkeep continue, and probate procedure itself differs from state to state.
The will, if there is one, and any court paper naming the person who may act for the estate are the first documents to gather. An estate attorney in the state where the property sits can say what else is required.
What this involves
- Depending on state law and how the estate is set up, the contents of the house may belong to the estate, and sorting, dividing, donating, or removing them is work for the family or the executor.
- A house that stands empty while the estate is settled creates its own decisions about coverage and upkeep, and some policies treat an unoccupied house differently, so the insurer should be told.
- Who can sign depends on how title passed and on state law; the estate's attorney can confirm. If one heir disagrees or cannot be reached, the estate's attorney can explain the options, such as mediation or a court process.
- Where a court appoints someone to act for an estate, the document that shows it goes by different names, such as letters testamentary or letters of administration. Some property passes outside probate through a trust, joint ownership, or a transfer-on-death deed.
- A title search reads the public record for the property: mortgages and other liens, judgments, unpaid taxes, and any recorded challenge to the will or the deed. Anything it finds may need to be resolved before the title can pass free of those claims.
- Taxes on an inherited property, including how a sale is reported, are a question for an accountant who can look at the specific facts.
How it works
Describe the house
Share the address and the general condition of the house, in the chat on this site or by phone.
We make the introduction
We share the details you have given us with buyers in your area; that sharing is the introduction.
You decide what happens next
Any offer comes from the buyer after they have seen the house. We take no part in pricing or negotiating.
Frequently asked questions
Should I wait for the estate to be settled before getting in touch?
You can describe the house to us at any stage; whether a sale can go ahead depends on the estate's status, and the estate's attorney can confirm.
What if the heirs don't agree about selling?
That is for the heirs to settle, with help from the estate's attorney or a mediator if needed. We represent none of you.
What happens to the furniture and belongings?
They may belong to the estate, depending on the state, until the executor or the heirs decide what to do with them. Nothing needs to be removed, sorted, or cleaned up before you describe the house to us.
I'm an heir but not the executor. Does that matter?
Say what your role is when you describe the house to us. Who can sign a sale depends on how title passed and on state law; the estate's attorney can confirm.