Selling an inherited house is a legal process before it is a real estate one. Nothing can close until the right person has the authority to sign, so start there and the rest follows in order.
Who has the authority to sell?
When a house passes through probate, the person who signs is usually the personal representative the court appoints, typically the executor named in the will or, if there is none, an administrator. Being named in the will is not enough on its own. The court’s appointment is what a title company will ask to see.
Some houses pass outside probate. That happens when the house was held in a trust, owned jointly with a right of survivorship, or covered by a transfer-on-death deed in a state that allows one. Then the trustee or the new owners can sell once their authority is documented, which in some states means recording an affidavit and the death certificate.
Can we sell before probate is finished?
Often, yes. Depending on the state and the powers the court grants, a personal representative may be able to sell during probate, sometimes with court approval or notice to the heirs. Rules vary widely, so ask the probate attorney handling the estate before you list the house or accept an offer.
What will we owe in tax?
For federal taxes, the IRS says the basis of inherited property is generally its fair market value on the date of death. The taxable gain on a sale is the price minus the basis, so a house bought decades ago may produce little or no gain when the heirs sell it soon after inheriting. An appraisal as of the date of death documents the figure.
Property taxes, insurance and utilities keep coming while the estate is settled. If an heir moves in or rents the house out instead of selling, different rules apply, and a tax adviser can explain them.
See what a private, off-market sale of your home would look like →
Papers to gather
- The death certificate
- Letters testamentary or letters of administration from the probate court, or the trust documents
- The will, if there is one
- The most recent mortgage statement and property tax bill
- Any appraisal as of the date of death
- Written agreement among the heirs on the sale, if more than one person inherits
Should we sell it as-is?
Many heirs do. They live elsewhere, the house holds a lifetime of belongings, and every repair needs several family members to agree. Many inherited houses are older homes as well. Our guide to selling as-is or fixing up first has a simple test for comparing the two.
What if the heirs disagree?
Agree on a plan early, in writing, covering who decides, the lowest acceptable price and how the proceeds and costs are split. If co-owners cannot agree, a court can order a property sold in a partition action, which is slow and expensive for everyone.
Questions
Do we have to clear out the house before we sell?
Not in every sale. In a listed sale, an empty and clean house shows better. In a private sale, ask the buyer what can be left behind and put it in the contract.
Who pays the mortgage while the estate is settled?
The estate usually keeps paying it, because the loan does not go away when the owner dies. Talk to the lender early.
Can one heir buy out the others?
Yes, if they agree on a price. An appraisal gives everyone the same starting number.
How long does probate take?
It varies by state and by estate, from a few months to more than a year. The probate attorney can give you an estimate for yours.
Sources
- IRS, Gifts and inheritances, accessed Oct. 2026
