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Selling an inherited house: the steps in order

Getting legal authority to sell, protecting a vacant house, agreeing with heirs, ways to sell, taxes and stepped-up value, and safe closings.

Quick answer

First get the legal right to sell, usually through probate where the court names an executor; trusts, joint ownership or transfer-on-death deeds may skip it. Meanwhile, tell the insurer the house is vacant and keep paying the mortgage, taxes and utilities. Agree with all heirs in writing. An agent usually gets the best price; cash buyers are faster but pay less. Inherited homes usually get a stepped-up value, so selling soon often means little capital gains tax.

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Your checklist

  • Get legal authority to sell
  • Insure, secure and keep paying bills
  • Agree with all heirs in writing
  • Compare an agent with cash offers
  • Ask about stepped-up value and taxes
  • Close with a title company or attorney

Rather read it? Here’s the whole thing.

Step 1: Authority to sell

Usually the court appoints an executor or administrator in probate, who can sign for the estate. Some homes pass without probate: through a living trust, joint ownership with survivorship, or a transfer-on-death deed. Some probate sales need court approval.

Step 2: Protect the house

  • Tell the insurer it’s vacant; many policies limit coverage for empty homes.
  • Keep paying the mortgage, property taxes and utilities.
  • Lock up, check on it, and remove valuables.

Step 3: Agree with heirs

Put decisions in writing: whether to sell, the price, repairs and how proceeds are split. If heirs can’t agree, a court may order a sale.

Step 4: Choose how to sell

  • Agent, fixed up: usually the highest price.
  • Agent, as is: less work, often still a fair price.
  • Cash buyer: fastest, usually lower price. Get several offers and compare with an agent’s estimate.
  • Family member: document a fair price.

Taxes

Inherited property usually gets a “stepped-up” basis equal to its value at the date of death, so selling soon often means little or no capital gains tax. Get a date-of-death appraisal and ask a tax professional.

Closing safely

Use a title company or real estate attorney. Never sign over the deed outside a proper closing.

Official sources, and where to look

To find your local office, search for:

  • [your county] probate court sale of real estate
  • vacant home insurance after death

Pick sites that end in .gov. Official forms are almost always free.

Common questions

Can I sell a house before probate is finished?

Often once an executor is appointed, even if probate isn’t fully closed. Some states require court approval. More ›

What if there’s still a mortgage?

It’s paid off from the sale. Keep paying in the meantime to avoid foreclosure. More ›

How do I sell a house I inherited?

Get legal authority (often through probate), protect and insure the house, agree with other heirs, then sell through an agent or buyer and close with a title company or attorney. More ›

Do I pay taxes when I sell an inherited house?

Often little, because the value is usually stepped up to the date of death. Gains after that may be taxed. Ask a tax professional. More ›

Can I sell an inherited house during probate?

Often yes, once the executor is appointed. Some states require court approval or notice to heirs. More ›

What if siblings disagree about selling?

Try to agree in writing or use mediation. A co-owner can ask a court to order a sale (a partition action). More ›

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Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.