Step 1: Confirm who can sign

How the home passes determines who can sell it:

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

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.

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