Can you sell an inherited house during probate?
Yes. You can usually sell an inherited house while probate is still open, as long as the person with legal authority over the estate signs. That is normally the personal representative (also called the executor or administrator), and in some cases a judge has to approve the sale first.
You don't have to fix the house, clean it out, or wait for probate to wrap up before you find out what it's worth. You can get a cash offer now and set the closing date for when the estate paperwork is ready.
What if the heirs don't agree on selling?
This is one of the most common reasons an inherited house sits empty. One sibling wants to sell, one wants to keep it, and one lives out of state.
In a probate estate, the personal representative usually handles the sale, rather than each heir signing on their own. Depending on the state and the will, the court may need to authorize or confirm the sale, and heirs who object can raise it with the court.
It often helps to get a cash offer so everyone is looking at the same number, and to agree in writing on who pays the bills in the meantime. If the disagreement is serious, talk to a local probate attorney before anyone signs.
An empty house, monthly bills and a house full of belongings
An inherited house keeps costing money. Property taxes, insurance, utilities, lawn care and repairs keep coming while the estate is open, and someone has to keep an eye on a house nobody lives in.
Then there are the contents. Decades of furniture, clothes and papers can take weeks to sort, and it's hard work when you're grieving.
When you sell to us, you don't have to clean out the house. We buy as-is, with the contents. Take the photos and keepsakes you want, and leave the rest. There are no repairs, no cleaning, and no fees or agent commissions.
If the house has other problems, like fire or water damage or property taxes that fell behind, we buy it in that condition too.
Selling an inherited house in Florida, Texas or Alabama
Florida probate basics
- Probate cases are filed with the county clerk of the circuit court. Clerks describe two main types: formal administration, generally used when the estate is worth more than $75,000, and summary administration, generally used at $75,000 or less.
- Florida Probate Rule 5.030 requires an attorney for many probate cases, including formal administration in general.
- If the person who died owned real estate in their name alone, the estate generally has to go through probate to transfer title.
- Under Florida Statutes section 733.613, if there is no will, or the will gives no power to sell, the personal representative can sell the real property, but title doesn't pass until the court authorizes or confirms the sale. If the will gives a specific power to sell, the representative can generally sell without court approval.
- A "protected homestead" is treated differently from other estate property (section 733.607). Ask a Florida probate attorney how that applies to the house.
We buy across the Florida West Coast, Central Florida and Jacksonville, including Bradenton and Sarasota.
Texas probate basics
- TexasLawHelp says a will generally has to be filed in probate court within 4 years of the date of death, and that almost all probate cases require a lawyer.
- In an independent administration, the Texas Estates Code (section 402.052) lets the independent executor sell estate property without court approval, unless the will limits that power.
- In a supervised (dependent) administration, estate property generally can't be sold without a court order (section 356.001).
- A small estate affidavit can be used when the estate, not counting the homestead and exempt property, is less than $75,000. It can only pass a home to a surviving spouse or minor child.
- An affidavit of heirship is filed in the real property records of the county where the house is, and can be used for real estate when there was no will.
In Texas we buy in Bell County, including Killeen, Temple, Belton and Harker Heights.
Alabama probate basics
- Wills and estates are handled by the probate court in each county, such as the Probate Court of Jefferson County in Birmingham.
- The Jefferson County Probate Court says most wills are self-proved and admitted without a hearing, and that an estate must stay open for at least six months.
- Since September 1, 2019, notice must go to the Alabama Medicaid Agency when an estate is opened.
- Etowah County's probate office lists selling real estate among the things a personal representative may do with prior court authorization.
We also buy in Birmingham and the surrounding area.
Do you pay taxes when you sell an inherited house?
The IRS says the basis of inherited property is generally its fair market value on the date of death (or on the alternate valuation date, if the estate chooses it). People often call this a "stepped-up basis."
If you sell the house for more than your basis, you have a taxable gain, reported on Schedule D (Form 1040) and/or Form 8949. There is an exception if you or your spouse gave the property to the person within one year before they died. IRS Publications 551 and 559 explain more.
Talk to a tax professional before you sell.
Your options for an inherited house
| Option | Works best when | Trade-offs |
|---|---|---|
| Repair, clean out and list with an agent | The house is in good shape or the heirs have time and money to prepare it | Repair costs, cleanout, showings, commissions, and months of bills |
| List as-is with an agent | The house is livable and you can wait | Commissions, showings, and buyers may ask for repairs or credits |
| Sell as-is to an investor | The house needs work or nobody can manage a long sale | Usually a lower price than a retail sale |
| Sell to BigBuck Offers | You want a cash offer, no cleanout and a closing date you choose | Usually nets less than a retail sale of a house in good shape |
To be fair to you: if the house is in good condition and the family has time, listing with an agent will usually bring more money than a cash sale. A cash sale makes more sense when the house needs work, the heirs live far away, or the bills are piling up.
How selling to us works
- Tell us about the house. Use the form or call 1-844-348-9268.
- Get a cash offer, usually the same day we have the property details.
- Pick your closing date, as soon as 7 days, or later if probate needs more time.
You can get a cash offer for your house from the form at the top of this page.
FAQ
Can I sell a house that is still in probate?
Usually, yes. The personal representative signs for the estate, and depending on the state and the will, a judge may need to approve the sale first.
Do all heirs have to agree to sell an inherited house?
Not always. In a probate estate, the personal representative usually handles the sale, but heirs can object in court. A probate attorney can explain your options.
Do I have to clean out the house before selling?
No. We buy inherited houses as-is, with the contents. Keep what matters to you and leave the rest.
Do I pay capital gains tax on an inherited house?
The IRS says the basis is generally the fair market value on the date of death, and if you sell for more than your basis, you have a taxable gain. Ask a tax professional how this applies to you.
How fast can you close on an inherited house?
We can close in as little as 7 days once the estate has the authority to sell, or on the date you pick.
This page is general information, not legal or tax advice.
