Selling an inherited house: probate, co-heirs, and what to do first
Written for somebody holding a set of keys and a lot of paperwork. What has to be true before anyone can sell, who has to sign, and what the house costs you in the meantime.
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Who has to agree, and what happens when they do not
In practice the paperwork is rarely what holds up an inherited house. People are. Four situations, and they are not equally hard.
You are the only heir
Once you have authority you decide alone. This is the simple case and it usually moves as fast as you want it to.
What to expect: The timeline is yours. Tell us a date and we will work to it.
Several of you, and you agree
Everyone on title signs. The proceeds are divided per the will or the state's formula after the debts come off.
What to expect: Straightforward, but every signer has to be reachable and available at closing.
Several of you, and you do not agree
One wants to keep it, one wants the money, one has stopped replying. This is the most common version and the house keeps costing money throughout.
What to expect: An attorney, and possibly the court. We can hold a written offer open while you work it out, which at least puts a real number in the conversation instead of three estimates.
You are the executor, and the heirs are not you
You have a duty to the estate rather than a free hand, and that duty usually means showing you got a reasonable price.
What to expect: Our offer comes with the arithmetic on it, which is the thing that is actually useful to you when you have to justify it.
What the house costs while everyone decides
An inherited house is rarely empty for a week. It is empty for months, and it costs money every one of them.
The mortgage if there is one, the property taxes, the utilities you have to keep on so the pipes do not freeze, and the lawn somebody has to cut. Then the one that catches people out: most homeowner policies restrict cover once a house has been vacant for thirty or sixty days, and a vacant-property policy costs more than the one it replaces. Ring the insurer before the clock runs out rather than after something happens.
None of that is a reason to rush. It is a reason to know the number, because six months of carrying costs changes which option is actually the best one.
What selling an inherited house actually involves
Every person on title signs, and the title company will want to see the document giving the executor authority before it will insure anything.
You do not need to clear the house. We buy as-is and that includes the contents: take what matters to you, leave the rest, and we deal with it. For a house nobody has lived in for a while that is usually the single largest thing standing between a family and a closing.
You also do not need to repair anything. A house held by somebody elderly for thirty years is normally thirty years behind on the roof, the boiler and the wiring, and the cost of fixing all three is exactly what a listing agent will tell you to spend first.
General orientation, not legal or tax advice. Probate procedure, and the tax basis of an inherited property varies by state and by case, so ask somebody licensed where the property is before you act on any of it.
Selling an inherited house: common questions
Can I sell before probate is finished?
Often yes, and this is the question we get most. What is needed is authority, not a completed probate: once the court has appointed an executor or administrator, a sale can usually proceed, sometimes with the court signing off on the price.
Whether that applies to your estate is a question for the attorney handling it. Ask them specifically whether you can contract now and close on court approval, because the answer is frequently yes and almost nobody asks.
The house is full of forty years of belongings.
Leave it. Take what you want and shut the door on the rest. We buy the house with the contents in it and clearing them is our cost, not yours.
Nothing makes a family postpone a decision like a garage nobody can face, and it is genuinely the easiest part of this for us to absorb.
There are four of us and we want different things.
Get a real number on the table first. Most of these arguments are actually about an unknown: one person's idea of what it is worth against another's, neither of them written down.
We will put a written offer in front of all of you with the arithmetic shown, and hold it open while you decide. If the answer turns out to be that one of you buys the others out, that is a better outcome and the number still helped.
What about capital gains tax?
Inherited property is normally treated differently from property you bought, and in many cases that works in the heirs' favour. It is also a question for a CPA rather than for a buyer, and the answer depends on the estate.
Ask before you sell rather than after. It is a cheap conversation and an expensive thing to get wrong.
The house needs a lot of work.
That is the normal state of an inherited house and it does not change our offer process. We buy as-is: no repairs, no inspections you have to pass, no cleaning.
How long does it take on your side?
A written offer within a day of the visit, and then you pick the closing date. In an estate the limiting factor is almost never us, it is the authority document and the signatures, so the useful thing is to tell us where you are in that process on the first call.
More on inherited houses and probate
Eleven longer pieces, written when these questions came up before.
Get your cash offer
Put the address in. We come back within a day with a number and the three figures behind it, and then it is yours to do what you like with. Take it to an agent and ask them to beat it if you want.
Takes about a minute. No fee, and nothing to sign to see the number.
Get a fair cash offer on your house
Put the address in and we will come back within a day with a number and the workings. Then it is yours to do what you like with. Take it to an agent and ask them to beat it, sit on it for a month, or ignore it entirely.
You will get Walt or Mary. No call centre, no script, and no pressure to decide anything while you are on the phone.
You are never under any obligation to accept our offer, and we do not pressure anyone. We just want you to do what is best for you, whether you sell to us, sell it to somebody else, or do not sell at all.