Step 1: Confirm who can sign
How the home passes determines who can sell it:
- Through a will or without one: the probate court appoints an executor or personal representative who signs for the estate. Some states require court approval of the sale.
- Through a living trust: the successor trustee can usually sell without probate.
- Through a transfer-on-death deed or joint ownership: title may pass directly to the named person after the right paperwork is recorded.
A title company will ask for these documents, so gather them early.
Step 2: Protect the house
Tell the homeowner's insurance company about the death. Many standard policies limit coverage when a home sits vacant, so ask whether you need a vacancy policy. Keep utilities on, lock up, and check on the property regularly.
Step 3: Keep paying the mortgage and taxes
A mortgage does not go away when the owner dies. Keep payments, property taxes, and insurance current to avoid late fees or foreclosure. Federal law (the Garn-St Germain Act) generally stops a lender from calling a home loan due just because the home passes to a relative after the borrower's death. The loan is then paid off from the sale proceeds at closing.
Step 4: Get a date-of-death value
Your tax basis is usually the home's fair market value on the date of death. A licensed appraiser can complete a retroactive "date-of-death" appraisal. If you sell soon after, the sale price itself can also help support the value.
Example: a parent bought a home for $90,000. It was worth $400,000 when they died, and the heir sells it for $410,000. The taxable gain is about $10,000 before selling costs, not $320,000.
Note: the $250,000/$500,000 home-sale exclusion generally applies only if you owned and lived in the home yourself for two of the last five years.
Step 5: Agree with the other heirs
When several heirs inherit together, everyone has to agree on price, timing, and who pays upkeep until the sale. If they can't agree, a probate attorney can explain the options, which in some cases include a court-ordered partition sale.
Step 6: Choose how to sell
- List it if the home is in good condition, you have time, and you can manage showings.
- Sell as-is to a direct buyer if the home needs work, you live far away, or the heirs want a quick, clean result.
- Keep or rent it if the numbers and the family's plans support it.
How Speti fits
Inherited homes often need repairs, still hold a lifetime of belongings, and are owned by heirs in different cities. A Cash Fast sale is as-is, with no repairs or showings. If the heirs can wait and allow showings, Cash Plus prepares and markets the home first to pursue a higher price. We walk executors and families through the timeline in plain language, with no obligation.
Frequently asked questions
Can I sell a house during probate?
Often, yes, once the executor has authority from the court. Some states require court confirmation of the sale.
Do I have to pay off the mortgage before selling?
No. The remaining balance is paid from the sale proceeds at closing.
Do I have to clean out the house first?
Not always. Some buyers, including direct buyers, will take a home with belongings left inside. Confirm it in writing.
This guide is general information, not legal or tax advice. Talk to a probate attorney and a tax professional about your situation.
Sources
- IRS Publication 551, Basis of Assets — https://www.irs.gov/publications/p551
- Kiplinger, "How the IRS Values (and Audits) an Inherited Home" — https://www.kiplinger.com/taxes/how-the-irs-values-and-audits-an-inherited-home
- Nolo, home sale exclusion for inherited homes — https://www.nolo.com/legal-encyclopedia/if-you-inherit-home-do-you-qualify-the-home-sale-tax-exclusion.html
- 12 U.S.C. § 1701j-3 (Garn-St Germain Act) — https://www.govinfo.gov/content/pkg/USCODE-2024-title12/html/USCODE-2024-title12-chap13-sec1701j-3.htm